1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is filed respectively.

1. Determination as to the cause of claim

A. The plaintiffs asserted that they were co-owners who completed the registration of ownership transfer on June 14, 2004 with respect to shares of 1/3 of each of the lands of this case. The defendant occupied and used each of the lands of this case as buffer greenbelts, etc. without any legal grounds, and thereby caused damage to the plaintiffs.

Therefore, the defendant is obligated to pay to the plaintiffs 7,783,603, the amount equivalent to the rent for each of the lands of this case, and damages for delay calculated at the rate of 20% per annum from the day following the day of delivery of a copy of the complaint of this case to the day of complete payment, and the amount calculated at the rate of 102,417 won per month from the day after the delivery of a copy of the complaint of this case to the day of expiration of possession by the defendant or

B. Determination of whether the State or a local government occupies a road can be divided into possession and possession as a de facto controller. As such, if the existing road is determined by the public announcement of recognition of routes or a road zone under the Road Act, or if the road is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority starting from the time of the commencement of possession. Even if there is no act of construction of a road under the Road Act, if the State or a local government executes the reconstruction or maintenance of a road, such as expansion of existing roads, packing of a road, or installation of a sewerage system, and uses it for general public’s traffic, it shall be deemed that the existing road is actually under the de facto control of the State or a local government, and it shall be deemed that the occupation as a de facto controller commences. On the other hand, when a road zone is determined, it shall be deemed that the