The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 5, 2017, the Plaintiff purchased 381 square meters in Yang-gun, Yang-gun, Gangwon-do, and completed the registration of transfer of ownership on December 11, 2017.

B. In around 2006 and around 2010, the Defendant installed a water supply and drainage pipe on the ground above B, B, 381 square meters, and contained a village in a village opened on the part of 79 square meters in the ship connected each point of the attached Form No. 5, 14, 13, 10, 11, 12, 4, and 5 of the above land among the above land in the middle of the year, in order.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is seeking to remove the road package of the instant land and deliver the instant land to the Defendant, who occupies the instant land as the controlling body, as a claim for exclusion of interference based on ownership.

B. (1) We examine whether the Defendant occupies the instant land as a controlling body.

(2) A person other than the State or a local government, for example, a person who actually opens a road as a self-helping project, or a person who actually opens, maintains, or repairs the existing road may not be deemed the State or a local government.

However, even if a road is constructed in the form of a residents' self-help project, if the State or a local government bears a substantial portion of the construction cost and if special circumstances are recognized, such as where the road is being directly in charge of the maintenance and repair of the road after the completion of the construction and is being used for the traffic of the public, it

may be filed.

However, the state or the local government has occupied the road solely on the ground that the state or the local government supported the packing construction of the old road at the request of residents.

It shall not be readily concluded.

Therefore, local governments shall lay water supply pipes on road sites and pack existing roads.