1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. On August 9, 1968, the Plaintiff’s wife completed the registration of ownership transfer on the ground of “sale on August 6, 1968,” with respect to the land of Jongno-gu Seoul Metropolitan Government D, 300.8 square meters (hereinafter “land before subdivision”). B. As to the portion of the land before subdivision, the registration of ownership transfer was completed on the ground of “sale on February 6, 1990” under the name of E on February 9, 1990, with respect to the portion of 245.6/300.8 square meters under the name of the Plaintiff on March 16, 2002, the registration of ownership transfer was completed on the ground of “Exchange on March 11, 2002.” As to the remaining portion of the land before subdivision on August 2/30.8, 2006, the registration of ownership transfer was completed on the ground of an agreement on August 31, 2006.”

C. However, part of the land before subdivision (55.9 square meters) is included in the section where the alteration announcement was made to an urban planning facility (road) within the G “G” zone after the first designation as an urban planning facility (road) on July 1, 1963.

On August 2014, the Plaintiff filed an application for subdivision of the said part of the land before subdivision, which is incorporated into an urban planning facility (road) as above, with respect to the said part of the land before subdivision, as Jongno-gu Seoul Metropolitan Government B large-5.9 square meters (hereinafter “instant land”). Accordingly, the instant land was divided from the land before subdivision on August 13, 2014.

E. From the time of the first designation of urban planning facilities (road) with respect to the instant land, the Defendant, among the above land, provided the following points in sequence, 7, 8, 9, 21, 20, 19, 18, 17, 16, 15, 14, 1, 25, 24, 23, 22, 24, 22, 4, 5, 6, 7, and 33.3 square meters (hereinafter “the instant road”) to the vehicle and the public for walking, has been managing it as a road.

【Ground of recognition】 Evidence Nos. 1 through 9 (including numbered evidence; hereinafter the same shall apply), evidence Nos. 1 through 5, or images; the result of the survey and appraisal by a trial appraiser H; the purport of the whole pleadings

2. Determination

A. (i) According to the above facts of recognition, the defendant shall make a judgment on the cause of the claim.