1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On December 4, 1966, i.e., the registration and division network I completed the registration of ownership transfer with respect to JJ 150 square meters (hereinafter “land before division”). On February 28, 1977, the land before division is divided into J J 146 square meters and K 4 square meters in Seoul, Gwanak-gu, Seoul, and the above K 4 square meters in the above K 13 square meters (hereinafter “instant land”) after conversion of size, land category and administrative district change.

B. The inheritance-related network I died on June 1, 2006, and at the time, there were selected children of B, D, E, F, G, H, and Plaintiff (designated parties) as the spouse of the network I.

C. 1) On June 25, 1999, the head of Dongjak-gu Seoul Metropolitan Government announced the road route under Article 19 of the Road Act through the public announcement of the Dongjak-gu Seoul Metropolitan Government Public Notice on Recognition of Road Routes (No. 1999-126 of the Dongjak-gu Public Notice), among the publicly announced routes, the old L (lane number M) is a road of 0.65 km from N to O, Seoul Metropolitan Government, and the land of this case is located on the above L route. 2) As of the present date, the land of this case is currently being used for public traffic in the state of the asphalt package.

[Based on recognition] Gap evidence Nos. 1, 2, 4, 6 (including paper numbers), Eul evidence Nos. 5, Eul evidence video Nos. 4 and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff (Appointed Party) asserts that, as the Defendant occupies and uses the instant land on the Gu road, the Plaintiff (Appointed Party) and the Appointeds are obligated to return the amount equivalent to the rent from June 24, 2010 to June 24, 2016.

The defendant asserts that the land of this case is part of private roads created by the network I, and is not included in the old L, and even if the land of this case is included in the Gu, the network I renounced the exclusive right to use and benefit from the land of this case.

B. Determination 1 by the Defendant is the instant land.