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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. As a result of examining the defendant's grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the court's reasoning concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the defendant's new decision on the grounds for appeal as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's grounds for appeal
A. The defendant asserts that the part of the land in this case is designated by Seoul Special Metropolitan City as a road under urban planning, and the defendant cannot be deemed as occupying and using the land in this case, and even if it is deemed as occupying and using household affairs, the subject should be the Seoul Special Metropolitan City.
B. (1) Determination is that the form of a road possessed by the State or a local government is divided into possession and possession as a de facto controlling body of the road management authority. First of all, the possession of private land as a road management authority may be recognized starting from the time when a public announcement of recognition of routes under the Road Act, a road zone is determined, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act. In addition, even if the construction of a road is not conducted by the State or a local government, it shall be deemed that a road is under the de facto control of the State or a local government, and it shall be deemed that a road is under the de facto control of the State or a local government, and shall be recognized as a controlling body.
(See Supreme Court Decision 2005Da21517, Aug. 25, 2005). In a case where a local government occupies a road as a person who actually controls the road, the maintenance and management of the road, such as division of duties of a Special Metropolitan City, Metropolitan City, or autonomous Gu concerning the width of the road.