1. The defendant shall be the plaintiff.

A. Of the area of 1,083 square meters prior to Incheon po-gun B, it is in sequence 1,2,3,4, and 1 each point of the annexed drawings.

1. Facts of recognition;

A. The Plaintiff is a co-owner sharing the area of 1083 square meters (hereinafter “instant land”) prior to the po-gun, Incheon Metropolitan City, with Nonparty C. The Plaintiff completed the registration of ownership transfer on June 12, 2003 with respect to the portion of 332/1431 of the instant land, and completed the registration of ownership transfer on December 2, 2008 with respect to the portion of 767/1431.

B. Of the instant land, part 113 square meters in a ship that connects each point of the annexed drawings Nos. 1, 2, 3, 4, and 1 (hereinafter “instant road”) among the instant land was used as a passage of neighboring residents from before around 1981.

Although the time when concrete packaging was first implemented on the instant road, the Defendant, a local government having jurisdiction over the administrative district of the instant land, removed the existing concrete packaging from February 2, 2009 to July 2009, laid an outstanding pipe in the underground part of the instant road, and then reconstructed it into concrete. In implementing the Village Re-Packing project around February 2013, the instant road portion was newly packed as ice upon the residents’ recommendation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 through 7, Eul's statements or images, and the purport of whole pleadings

2. The assertion and judgment

A. Determination as to the cause of the claim can be divided into possession and possession as a road management authority by the State or a local government, and possession as a de facto controller. Thus, in a case where, in fact, a public announcement of the recognition of routes under the Road Act or a road zone is determined, or where a road is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority may be recognized from the point of time. However, even if a road is not established by the Road Act, the State or a local government is de facto expanding the existing road, including construction of roads, packaging of roads