1. In accordance with the claim changed in the party room, the Defendant indicated the Plaintiff with a map 1 attached hereto, among the 188 square meters in Jeonbuk-gun, Jeonbuk-gun.

1. Basic facts

A. The Plaintiff’s registration of ownership transfer was completed in the name of the Plaintiff’s father’s father F, with the Plaintiff’s 407 square meters and D 198 square meters in Jeonbuk-gun, Jeonbuk-gun.

B. On December 20, 197, the land category of the said land was changed to a road, and the land category of the said land was divided into a 321 square meters and a C 86 square meters in order to divide into a 321 square meters and a C 86 square meters in order to divide into a road. D 198 square meters in a 198 square meters and E 10 square meters in a 198 square meters in a d paddy field, and the land category of the said land was changed to a road.

When each of the above lands is collectively referred to as "each of the above lands", and when each of the above lands is referred to as "land number", it shall be referred to as "land number".

Among each land of this case, the part to be indicated in the purport of the claim (hereinafter “instant dispute”) is currently being used as roads and ditches.

F The F died on July 15, 1970, and his heir is a child and G.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number), the result of this court's entrustment of appraisal to the North Korean regional headquarters prior to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the claim

A. As to the determination of the cause of the claim, the form of occupation by the State or a local government in possession of a road can be divided into occupation as a road management authority and occupation as a de facto controller. However, if the existing road is determined as a road zone under the Road Act or a road is established by the implementation of an urban planning project under the Urban Planning Act, the occupation as a road management authority can be recognized starting from that time.

However, if the State or a local government provides the general public with the construction, maintenance, and repair of roads, such as expansion, road packaging, or sewerage construction, even if the construction of roads is not done under the Road Act, such roads shall be deemed to be under the actual control of the State or the local government, and shall be subject to the de facto control.