1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 22, 1993, the Plaintiff is the owner who completed the registration of transfer of ownership on the ground of re-Succession by consultation and division on February 10, 1972 with respect to the land of this case, including each of the above land (hereinafter “each of the above land”).

B. Each of the instant lands is packed in a container, a sewerage man has been installed, and is used as a passage in the D market.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8 and 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Defendant provided each of the instant lands to the public for road packaging and sewerage construction, including each of the instant lands, and provided each of the instant lands to the public for the traffic of the general public, thereby under the de facto control of the Defendant. The Defendant occupied and used each of the instant lands without permission, thereby gaining profits without any legal ground and causing damage to the Plaintiff. Therefore, the Defendant asserts that the amount equivalent to the royalty of each of the instant lands should be refunded to the Plaintiff

B. Determination 1 related legal principles or the form of a road occupied by the State or a local government is divided into possession as a road management authority and possession as a de facto controlling entity. First of all, the possession as a road management authority may be recognized in a case where a public announcement of recognition of routes under the Road Act, a road zone is determined, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act. In addition, even if a road is not constructed by the Road Act, it shall be deemed that the State or a local government actually required construction on a private ground that the State or a local government does not officially use for public traffic, and the land is in the form of a road, and it shall be deemed that the State or a local government actually