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1. Revocation of the first instance judgment.
2. The Defendant indicated in the attached Form 1 drawings among the land size of 165 square meters in Kimhae-si, 3,8,9,10,111.
Reasons
1. Basic facts
A. On October 7, 1964, the Plaintiff’s father B purchased a 165 square meter (hereinafter “instant land”) in Kimhae-si, Kim Jong-si (hereinafter “instant land”) and completed the registration of ownership transfer on June 19, 1979. On July 14, 2005, the Plaintiff donated the land to the Plaintiff and completed the registration of ownership transfer on July 19, 2005.
B. Of the instant land, the part (B) of the size of 60 square meters in the ship connected in sequence of each point indicated in the annexed drawing Nos. 3, 8, 9, 10, 11, 12, 13, 5, 4, and 3 among the instant land (hereinafter “instant road”) is on the ground and is used as a package for the passage of residents.
[Ground of recognition] The fact that there is no dispute, entry of Gap Nos. 1 and 2, and the result of the first instance court’s request for measurement and appraisal of the Korea Land Information Corporation Kim Jong-chul, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The State or a local government’s occupation of a road may be divided into possession and possession as a de facto controller of the road management authority. In fact, the occupation of a road management authority may be recognized starting from the time of the determination of a road route approval or a road zone under the Road Act, or when the construction of a road becomes possible as a result of the implementation of an urban planning project under the Urban Planning Act. Even if there was no act of construction of a road pursuant to the Road Act, the State or a local government, even if there was no act of construction of a road, may be deemed to have been actually under the control of the State or a local government, for the purpose of reconstruction or maintenance of a road, such as extension of a road, packing of a road, or installation of a sewerage system, or for the purpose of maintenance and repair of a road, or for the purpose of public traffic, and the land still or only is in the form of a road, if it is in fact under the control of the State or a local government