1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the above revocation shall be dismissed.

2...

Facts of recognition

Of the land readjustment project in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, 30 square meters (hereinafter “instant land”) among the land size B 228 square meters (hereinafter “C before division”), the land portion of this case was naturally used as a road that is commonly used for the traffic of the general public since the 1970s. However, as the price for the surrounding day was determined on May 5, 1971 as a new forest additional land readjustment project district by the public notice of the Minister of Construction and Transportation, the land portion was incorporated into a road site, and the said land readjustment project was completed on December 22, 1980.

On March 29, 1978, the Plaintiff related to the ownership, division, and merger of land has completed the registration of ownership transfer due to sale with respect to C and D 112 square meters adjacent thereto (hereinafter referred to as “D”).

On May 1, 1979, the Plaintiff filed an application for land division or land category change with respect to C before subdivision, which is divided into C, 198 square meters (hereinafter “C after subdivision”) and the instant land. The land category of the instant land was changed to a road.

On May 15, 1979, the Plaintiff filed an application for land annexation with respect to C and D, and was merged into C and C,10 square meters (hereinafter “C after annexation”).

Around that time, the Plaintiff was constructing a new building by obtaining a building permit on the ground C after the merger.

The land in this case is located as a shape that connects the above three roads at a place where the same FF roads, G roads, and H roads adjoin each other, and it is protruding out in the shape of F roads extending out from a straight line and in the three-dimensional shape in the direction of G roads.

After the above land readjustment project, the defendant provides public passage by packaging and managing the road of this case.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 15 (including the provisional number), the purport of the whole pleadings] The plaintiff's assertion and judgment party's assertion are occupying and using the land of this case without any legal grounds, and the plaintiff's assertion is reasonable in the past and future rent.