1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an owner of B 301 square meters in Jeonnam-gun, Jeonnam-gun (hereinafter “instant real estate”).

B. Among the instant real property, a road is installed on the part (A) of 148 square meters in the ship (hereinafter “instant land”) connected each point of the attached drawings indicating attached drawings, 1,2, 3, 4, 5, 6, 7, 8, and 148 square meters in sequence among the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is owned by the Plaintiff. Since the Plaintiff occupied and managed the instant land under de facto control by the Defendant by installing packaging roads on the instant land, which is a private land without any title, and providing it to the citizens for delivery, etc., the Defendant shall return KRW 9,945,600 from July 9, 2009 to July 8, 2014, which was not extinguished by the five-year extinctive prescription, to the Plaintiff, and return KRW 180,560 as of the last day of each month from August 1, 2014 to the time when the Plaintiff was delivered to the Plaintiff or lost ownership of the instant land.

B. In a case where a land owner is naturally occurring or is actually used as a road as a site for a road that is classified into a naturally occurring or as a site for a road, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or intends to waive exclusive and exclusive right to use and benefit from the land, the circumstances and period he/she owns the land, the details and scale of the sale of the remaining land in installments, the location and nature of the land to be used as the road, relationship with other neighboring land, surrounding environment, etc.