1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 7,448,070 and KRW 1,927,225 among them.

Basic Facts

The reasoning for this part of this Court is that it is identical to the statement "1. Basic Facts" between Chapters 8 through 9 of the first instance court Decision 2, 8, 3, and 9, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

Judgment

The form of occupation of a road by the State or a local government can be divided into possession and possession as a de facto controlling body of the road management authority. As such, if the existing road is in fact a public announcement of the 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, possession as the road management authority starting from the existing time may be recognized. Even if a road is not established pursuant to the Road Act, if the State or a local government executes the reconstruction or maintenance of a road, such as expansion of the existing road, road packing, or installation of sewerage, and uses it for general traffic, it shall be recognized that the existing road is actually under the de facto control of the State or a

(See Supreme Court Decision 94Da23951 delivered on September 9, 1994, Supreme Court Decision 2001Da70900 delivered on March 12, 2002, etc.). In addition, in a case where a local government occupies a road as a person who actually controls a road, the provisions of the Municipal Ordinance of the Special Metropolitan City or Metropolitan City concerning the maintenance and management of the road, such as the division of duties of a Special Metropolitan City or Metropolitan City concerning the street width and the division of duties of a Metropolitan City or an autonomous Gu, etc., shall not apply. However, until April 30, 198, before the Local Autonomy Act was enacted pursuant to Article 5(1) of the Local Autonomy Act, it shall be deemed that the person who occupies the road has been naturally transferred from the Special Metropolitan City or Metropolitan City to the autonomous Gu under the jurisdiction of the Special Metropolitan City.

However, this constitutes a given time or period after May 1, 198.