1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff purchased on April 5, 2010 and acquired ownership on April 22, 2010, 2010, 767 square meters prior to the wife population B (hereinafter “1”) and C forest land of 220 square meters (hereinafter “2 land”).

B. From among the land No. 1, “B” was used as a road on the part of “B” (hereinafter collectively referred to as the “road site of this case”) which connects each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, and 1 in sequence among the land No. 1 and the land No. 2 with each point of the same drawing No. 5, 6, 9, 8, and 5 in sequence. However, around 2004, the Defendant buried water supply pipes in the instant road site of this case, and re-packageded the asphalt of the instant road site of this case by around 209.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 10 evidence, Eul's 2 and 3 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted that the plaintiff is the owner of the road site of this case. Since the defendant packages and occupies the building site of this case without any title, the defendant is obligated to deliver the building site of this case to the plaintiff.

B. The owner of the judgment may demand the return of the article owned by him (Article 213 of the Civil Act). Since the Plaintiff’s appointment as the owner of the road site of this case is as seen earlier, we examine whether the Defendant occupied the road site of this case.

For example, the actual controlling body of the road can not be said to be the state or local government in the case of the construction of the road, the person other than the state or local government, or the person who actually constructs, maintaining, or repairing the existing road due to self-helping projects.

However, even if a road is constructed in the form of a residents' self-help project, the State or a local government shall bear a substantial portion of the construction cost and take direct charge of the maintenance and repair of the road after the construction.