The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On December 19, 2018, the Plaintiff completed the registration of the transfer of ownership on the instant land on November 15, 2018.

B. Of the land of this case, the roads packed as asphalt are located in the dispute part of the instant land.

(c)

According to the airline photographs taken around around 1966, 197, 1987, 1995, and 2006, traffic paths exists in the area of the dispute of this case among the land of this case where they can be seen as the dispute of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, Eul evidence or video Nos. 1 and 4, the result of the appraisal commission to the Korean Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant opened and managed a road on the dispute part of the instant land owned by the Plaintiff, and occupied the dispute part of the instant land without permission.

Therefore, the defendant is obligated to deliver the part of the dispute of this case to the plaintiff.

B. Determination 1) The form of occupation occupied by the State or a local government can be divided into occupation as a road management agency and occupation as a de facto controlling entity.

When a public announcement of recognition of routes and a determination of a road zone is made pursuant to the National Land Planning and Utilization Act on the existing roads, or when a road is established as a result of the implementation of a planned project pursuant to the National Land Planning and Utilization Act, the possession as a road management agency may be recognized

If the State or a local government implements road renovation or maintenance and repair works for existing roads, such as expansion, packing, and construction of sewerage systems, and uses them for the general public, even without any act of construction by such Act, such roads shall be deemed de facto under the control of the State or a local government, and possession as a controlling entity may be recognized (see Supreme Court Decision 2017Da223736, Jul. 11, 2019, etc.).