1. The Defendant: (a) indicated in the attached Form No. 12, 13, 14, 15, 16, 7, 8, among the land of 298 square meters in Jin-si, Chungcheongnam-do, Chungcheongnam-do; (b)

1. Judgment on the ground of the plaintiff's claim

A. The Plaintiff completed the registration of transfer of ownership on June 1997 with respect to the land of 298 square meters and C 846 square meters (hereinafter “land of this case”) on the following: Gap evidence Nos. 1 through 10; Eul evidence Nos. 20; Eul Jin-do entrusted the appraisal of the Jin-si president of the Korea Land Information Corporation; and the purport of the entire pleadings as to appraiser D; on June 19, 197, the Plaintiff used the land of this case for 298 square meters and C 846 square meters (hereinafter “the land of this case”); the Defendant used the land of this case for 12, 13, 14, 15, 16, 7, 8, 10, 11, and 12; 0.0 square meters and 20.4 square meters and 20.4 square meters and 20.8 square meters and 20.4 square meters and 20.4 square meters of each of the instant land;

B. In a case where the State or a local government, in fact, performed road renovation or maintenance and repair work, such as expansion, packing, and construction of sewerage, for the sake of the general public, such road shall be deemed to have been under the de facto control of the State or the local government, and possession as a de facto controlling entity may be recognized (see Supreme Court Decision 92Da34155 delivered on February 23, 1993, etc.). Accordingly, the Defendant opened a road on the land of this case and held it in possession by offering it to the general public for traffic.

Therefore, barring any special circumstance, the instant road is delivered to the Plaintiff, and the amount equivalent to the rent shall be 902,446 won from February 28, 2015 to February 27, 2020: [4,202,40 won x (34/298)] [1,928,000 won x (30/846)] and its subparagraphs.