beta
Text
1. The defendant shall be the plaintiff.
A. Of the 278 square meters in Bluju-si, indication of the attached drawing in the attached Form 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, among the 278 square meters in the attached Form.
Reasons
1. Facts of recognition;
A. On August 9, 2005, the Plaintiff completed the registration of ownership transfer by reason of inheritance by consultation and division on February 14, 2005 with respect to the land stipulated in Paragraph (1) of this case (hereinafter “instant land”).
B. Around 2003, the Defendant installed a village water supply pipe in the instant part of the road, and around 2005, the Defendant packaged the instant part of the road in such a way as to cover the asphalt over the existing concrete package of the part of the road.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, and the result of the appraisal commission to the chief of the Korea Land Information Corporation, the purport of the entire pleadings
2. Obligation to return and occurrence of unjust enrichment;
A. Determination as to the cause of the claim can be divided into possession and possession as a road management authority by the State or a local government, and possession as a de facto controller. Thus, if the existing road is determined by the Road Act, or a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority can be recognized from that time. Even if a road is not established by the Road Act, the State or a local government can be deemed to have commenced the construction or maintenance of a road, such as expansion of the existing road, road packing, or installation of sewerage system, and use it for the general public’s traffic from that time when it is actually controlled by the State or a local government.
(See Supreme Court Decision 2001Da70900 delivered on March 12, 2002). According to the above facts, even if the Defendant did not perform the act of building a road under the Road Act, etc. on the instant part of the road, a water supply pipe is installed on the instant part of the road, and the asphalt packaging work is installed.