1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

1. The court of first instance dismissed the Plaintiff’s claim after remanding the case. However, the appellate court prior to remand accepted part of the Plaintiff’s appeal and dismissed the Plaintiff’s remaining appeal against the Defendant. However, it is clear that the court of first instance accepted the Plaintiff’s appeal, which was the appellate court prior to remanding the case, and dismissed the Plaintiff’s remaining appeal by citing the part seeking payment of money calculated at the rate of KRW 50,018 per month from June 28, 201 to the first day out of the date the Plaintiff loses the Plaintiff’s ownership of the instant land or the date the Defendant loses possession due to the Defendant’s road closure (hereinafter “the part against the Defendant at the time of remanding the case”), which was calculated at the rate of KRW 50,018 per month from June 28, 2011.

Therefore, since the remaining part of the Plaintiff’s claim against the Defendant, excluding the part against the Defendant, is finalized at the same time as the judgment of reversal and remanded, the subject of a trial after remand is limited to the part against the Defendant before remanding (see, e.g., Supreme Court Decision 2005Da67971, Jan. 11, 2007). 2. Basic facts

A. The history of the instant land 1) In Jinju City prior to the subdivision, C Jeon 108 square meters prior to the subdivision (hereinafter “land prior to subdivision”).

On October 26, 1935, the land category was changed to a road, and the remaining 46 square meters was divided into the above D land. 2) The 62 square meters of the above Jinju City B road was divided into the above D land. On November 18, 1968, the 4 square meters of the land was divided into E land on November 18, 1968, and the 14 square meters of the land was divided into F land on January 25, 197, and the land in this case remains after the division.

3. On October 26, 1935, the instant land was incorporated into the said road site upon the construction of the former “Jinju-Tcheon Road”. Since the mid-1970s, as the said road was occupied by the national highways 33 lines, the instant land portion was designated as J in Jin-si based on the G Public Notice of Gyeongnam-do around January 13, 197, and the instant land was incorporated into the said road site until now.