1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On February 26, 1974, the Plaintiff acquired ownership of B-YY 2817 square meters (hereinafter “land before subdivision”). On April 30, 1979, the Plaintiff filed an application for partition and land category change with respect to the said land at the time of Jinju, which was divided into the land indicated in B-YY 1817 square meters, C-Y 572 square meters, D-Y 152 square meters, E-Y 14 square meters, and attached Tables 1 and 2, and in particular, the land category of the real estate listed in attached Tables 1 and 2 was changed into a road.

B. On May 7, 1979, the Plaintiff filed an application for subdivision and land category change on the above B’s land again, and the said land was divided into F 153 square meters, G 153 square meters, H 159 square meters, I 165 square meters, J 153 square meters, J J 124 square meters, K 124 square meters, L 128 square meters, M 201 square meters, N 148 square meters, and attached Table 3, and in particular, the land category of the real estate listed in attached Table 3 was changed to a road.

C. Among the above divided lands, the Plaintiff sold most of the instant real estate to others except for the instant real estate, and each land sold was changed to the land category and the building was newly constructed on that ground.

The instant real estate is divided from the land before partition and used as a road that is essential for the owners of the land sold to others.

In addition, before 1980, the defendant decided the real estate stipulated in the attached Tables 1 and 2 as a road zone according to the notification of the decision of the Jinju Urban Management Plan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 and 7, the purport of the whole pleadings

2. In accordance with the above facts of recognition as to the cause of the claim, the defendant may be deemed to have commenced possession of the real estate stated in paragraphs 1 and 2 of the attached list among the instant real estate as a road management authority in accordance with the public notice of determination of road zones, etc. However, there is no evidence to deem that the defendant commenced possession as a road management authority, and the defendant has existing possession.