1. Defendant Young-si:

A. Of the land size D 295 square meters of the wife population D 295 square meters, the annexed drawing indication 2, 3, 4, 5, 11, 10.

1. Facts of recognition;

A. On September 15, 2015, the Plaintiffs are owners who completed the registration of ownership transfer on August 26, 2015 with respect to each 1/2 share of D-road 295 square meters (hereinafter “instant land”).

B. Of the instant land, the portion (a) of 190 square meters in the ship (hereinafter “instant road”) which connects each point of the attached drawings Nos. 2, 3, 4, 5, 11, 10, and 2 among the instant land are used as a road provided for the passage of general public and vehicles. The Defendant performed road packaging construction works on the instant road; the road is a water pipe around 1994; and the sewage pipe around 2010, respectively.

C. Defendant C occupies a part (B) of 105 square meters in the ship (hereinafter “instant parking lot”) that connects each point of the attached Form No. 1, 10, 11, 6, 7, 8, 9, and 1 among the instant land in sequence, as the parking lot site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of this court's commission of surveying and appraisal to the Korean employees and public office of land information, the purport of the whole pleadings

2. Determination as to the claim against the defendant Young-si

A. Determination on the cause of the claim 1) First of all, the establishment of the obligation and the possession of the road of this case at the time of the Defendant Young-si, as to whether the Defendant Young-si occupies the road of this case, it is difficult to view the de facto controlling body of the road as the State or a local government, in the event that the construction of the road of this case is actually constructed, remodeled, maintained, or repaired on the existing road, or performed repair works (see, e.g., Supreme Court Decision 2010Da19259, Jun. 24, 2010).