1. The defendant shall be the plaintiff.

A. The annexed map No. 4,5,6,73,72, 71, 70, 70, 69, 69, 68, among the land B 17,851 square meters of land in Nam-gu Incheon Metropolitan City.

1. Facts of recognition;

A. On December 29, 1972, the Plaintiff owned the above forest land after completing the registration of transfer of ownership on the ground of family inheritance on January 31, 1953 with respect to 17,851 square meters of forest land B in Nam-gu Incheon Metropolitan City.

B. Of the above forests, the annexed drawings indication (b) and (e) part (hereinafter “instant land”) among the said forests (hereinafter “instant land”) are packed in asphalt and connected to the roads at the entrance of the park managed by the Defendant, the Michuhol Library, which is the Incheon City Library (hereinafter “the opened on June 23, 2009”), are continued to be used for the general public’s passage.

C. At the edge of the road at the entrance of the above park, the Defendant’s mark is set up with a cover covered by the Defendant, and there is a lid at the center of the road leading to the Michuhol Library from the instant land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-4, 6-1, Eul evidence 2 and 3-2, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination

A. In a case where the State or a local government, as to whether the defendant's possession is recognized, performs road renovation or maintenance and repair works, such as expansion, packing of roads, or installation of sewerage, for the land in fact being used for the general public, and for the general public traffic, such roads shall be deemed under the de facto control of the State or a local government, and possession as the controlling body may be recognized (see, e.g., Supreme Court Decision 92Da1778, Sept. 28, 1993). In a case where neighboring residents provide financial support, such as construction costs or construction materials, etc. as part of the so-called Saemaul project, if the local government, etc. provides construction cost or construction materials, etc., the financial support shall not only lead to a large portion of the entire project, but also is used as a public road for the general public traffic, and the local government, etc. shall take charge of management, such as reconstruction, maintenance,