1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Attached Form 30, 29, 9, 10, 11, 12, 31, and 30 shall apply.

1. The following facts do not conflict between the parties, or are found as a result of Gap evidence No. 1, Eul evidence No. 4-1, 2, and Eul evidence No. 9, and the on-site verification by this court, and as a result of this court's on-site verification, it can be acknowledged in full view of the whole purport of the arguments as a result of the request for the measurement and appraisal of the Korea Land Information Corporation. There

On March 7, 1986, the Plaintiff completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendant, among the instant real estate, packages of concrete on the ground of 23 square meters in the part “B” connected with each point of 30,29,9,10, 11, 12, 31, and 30, and the attached Form 14, 15, 16, 17, 33, 32, and 14, which successively connected each point of 14, 15, 16, 17, 32, and 14, are used as roads.

2. Determination

A. According to the judgment of the plaintiff's assertion, since the defendant occupies the part of the road of this case by packaging concrete on the road of this case and using it as the road, it is obligated to remove concrete on the ground of this case as the owner of the real estate of this case and deliver the part of the road of this case to the plaintiff.

B. The defendant's defense was asserted that since the plaintiff consented on the concrete package of the road in this case, the defendant did not have a duty to remove concrete package of the road in this case and deliver the road in this case.

As to this, the plaintiff asserts that there is no consent to the concrete packaging of the real estate in this case.

In full view of the purport of the arguments in Gap evidence 2, Eul evidence 3, and Eul evidence 4, the part of the road of this case is part of village paths entering from local highway B, and the report on the selection of small-scale accommodation project in 2003, prepared around September 30, 2002 (hereinafter "the report of this case") shall be C.