1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Basic Facts

In accordance with the old-U.S. Urban Planning publicly announced on May 12, 1970, part (27 square meters) of B B in the old-si B B 96 square meters prior to the process of incorporating the land of this case into the road of this case and the actual state of division was located within the road zone of C (the new announcement was made to D on January 10, 1974).

Then, on December 30, 1970, the land before the subdivision was divided into Band B & 27 on the land cadastre (hereinafter “instant land”) and Eand 69 on the Gu-si, Gu-si. On the same day, the land category on the land cadastre of this case was changed from “site” to “road.”

On March 18, 1972, the registration of the land in this case and the registration of the division of the real estate injury in the Gu and the Gu and the Gu and the Si E Park 69 square meters was completed.

Unlike the land ledger, the land category of the instant land on the real estate register was still indicated and maintained as “site.” The location and status of the land in this case and the Gu, Si, Si, Gun and 69 square meters are as shown in the annexed drawing.

On July 9, 1981, the construction of the road in the middle of the city planning for occupancy and use by the defendant was completed through the expansion of the existing road, and the route of the road in the border north-do is recognized as H (current local highway I and the name of the road is J).

The defendant occupies and uses the land of this case as a road management authority from that time.

On November 20, 1971, the Plaintiff completed the registration of ownership transfer based on the sale on November 19, 1971, with respect to Gumi-si B large 96 square meters prior to the division.

From that time, the nominal owner of the instant land divided from the above land to that time is the Plaintiff.

【In view of the fact-finding without any dispute, Gap evidence Nos. 1 through 4 (including branches number; hereinafter the same shall apply) and Eul evidence Nos. 1, 2, 3, 5, 6, and 7, the fact-finding results on the fact-finding of the party hearing, and the fact-finding results on the ground of the overall purport of the pleading, the defendant is entitled to use the land of this case as part of the J, thereby using it.