1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. On February 17, 1945, the Plaintiff acquired the ownership of each land of this case due to the inheritance of Australia.

B. Each land of this case has been provided for the passage of unspecified number of residents for not less than 40 years. In the 1990s, the pool-gun of Incheon City was a concrete packaging construction work on each land of this case in its administrative district.

C. The G of Jinjin-gun, Incheon, where each of the instant lands was located, was incorporated into the Defendant’s administrative district around 1994.

[Reasons for Recognition] Class A: Evidence Nos. 1, 2, 5, 6 (including paper numbers), Eul's Evidence No. 1 and the purport of the whole pleadings

2. Determination

A. The State or a local government’s possession of a road can be divided into “the possession as a road management agency” and “the possession as a de facto controller.” As such, if the existing road is a road zone under the Road Act or a road is constructed by the implementation of an urban planning project under the Urban Planning Act, it can be recognized “the possession as a road management agency.” However, even if there is no act of construction of a road under the Road Act, if the State or a local government performed the reconstruction or maintenance work of a road, such as expansion of the existing road, packing of the road, or installation of sewerage system, and for public use, it can be recognized “the possession as a de facto controller.”

(See Supreme Court Decision 91Da21206 delivered on September 24, 1991). According to the above facts, while performing concrete packaging construction work on each of the land of this case, which was actually used as a road in the 1990s by the Cheongjin-gun, Incheon, the occupation of the above land is deemed to have been commenced as a de facto controlling entity. Since then, the above land was incorporated into the defendant's administrative district, the defendant succeeded to the possession of the Cheongjin-gun, Incheon, by transferring the above land.