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1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. Facts of recognition;
A. On December 7, 1956, the network D completed the registration of ownership transfer on the ground of the completion of repayment on February 10, 1956, with respect to E field 79 square meters (hereinafter “land before subdivision”).
B. On July 12, 1972, the land prior to the subdivision was divided into F 165 square meters and B 96 square meters (hereinafter “instant land”). ② F 165 square meters and F 165 square meters and C 40 square meters (hereinafter “instant land”) were divided into F 125 square meters and C 125 square meters on February 21, 1986, and ③ F 125 square meters and G 98 square meters on June 17, 1993.
The land category Nos. 1 and 2 of this case was changed from “responding” to “road” at the same time.
C. The land No. 1 was actually used as a passage prior to July 1972, and the land attached thereto was incorporated into a passage prior to the implementation of the Saemaul Project around 1986, and was used as a passage from that time to that time.
On December 31, 191, the land of this case was designated and publicly announced as a rural road (class: Do, route name: H, starting point: H: Simsan City I, and closing point: Simsan cityJ) under the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, and on July 4, 1994, it was determined as a road zone (type: Gun road: Gun road, route name: K, starting point: Simsan L, and closing point: Simsan M) in accordance with the Road Act.
E. On January 7, 2013, the registration of ownership transfer was completed on the land Nos. 1, 2, and 2 and the 27m27m2 in Busan-si. On August 1, 2000, the Plaintiff, on August 1, 200, on the ground of inheritance due to a consultation division, and the registration of ownership transfer was completed on June 18, 1994 for the land No. 98m2 in Busan-si G-si on June 18, 1994.
F. The Defendant currently occupies and uses the land Nos. 1 and 2 of this case as a road.
【In the absence of dispute over the grounds for recognition, evidence Nos. 1, 2, 3, 4, 7, evidence Nos. 1, 4, 3, 4, and 4 of the evidence Nos. 6-1, 2, 7-1, 2, 8-2, and 10 of the evidence Nos. 6-1, 3, 3, and 4 of the evidence Nos. 6-1, 6-1, 3, 7-1, 2, and 10.