1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The land located in Gyeong-gun, Jin-gun, Jin-gun (hereinafter “Before subdivision,” and the other land located in Gyeong-gun, Chungcheongnam-gun is specified only with the pertinent lot number, etc.) is registered as having acquired ownership on March 9, 1938 on the land cadastre. However, registration of preservation of ownership is completed as to one-third of each of the land before subdivision by C, D, and E.

(b) The details of the division, change of land category and transfer of ownership prior to the division shall be as follows:

1) On April 8, 1998, the land before subdivision was changed to the miscellaneous land category. On April 24, 1998, the Plaintiff completed the registration of ownership transfer on the said land on April 24, 1998 on the ground of sale on April 16, 1998. 2) The land before subdivision was changed to the warehouse site on December 5, 2002. On January 27, 2004, the land category was divided into 433 square meters in J warehouse site and 10 square meters in the M warehouse site. M was transferred to the Defendant on the ground of an agreement on the purchase of public land on June 16, 2004, and its land category was changed to the road on August 8, 2013.

3) On December 26, 201, J warehouse site 433 square meters was divided into 419 square meters in J warehouse site and 14 square meters in a N warehouse site. On January 5, 2012, N land was changed to a river, and its ownership was transferred to the Defendant on June 20, 2013 after the land category was changed to a river. (iv) The land category of J warehouse site 419 square meters was changed to the site on January 5, 2012. On May 27, 2013, the instant real estate and the instant land was divided into 8 square meters in a O large scale, and the land of O was transferred to the Defendant on June 20, 2013 due to the acquisition of a public site.

C. Around December 2001, the Defendant carried out a packing work, such as covering the instant land over cement, and installed drainage conduits and manle on the said land. The instant land is used for the passage of the general public including neighboring residents up to the present day.

[Reasons for Recognition] Unsatisfy, Gap evidence 9, 11, Eul evidence or images 4, 5, and 6 (including each number), testimony of witness F of the first instance court, and the Korea Intellectual Property Tribunal of the first instance court.