1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The Plaintiff’s portion of revocation is against the Defendants.

1. Basic facts

A. On April 1, 1915, the deceased B (hereinafter “the deceased”) was under the circumstances of 239 square meters (hereinafter “one parcel of land before the instant partition”). The land before the instant partition was divided into 196 square meters for D graves and 43 square meters for E-Road (hereinafter “the instant one parcel of land due to the subsequent conversion of the area”) on August 18, 1936, and thereafter the said D parcel of land was subdivided into 151 square meters for D graves and 45 square meters for F graves (the subsequent conversion of the area) on November 3, 1969.

B. On December 11, 1924, the Deceased completed the registration of ownership transfer on G 1,939 square meters (hereinafter “second land before the instant division”). The two land before the instant division was divided into H 445 square meters on August 10, 1931, H 445 square meters, I 202 square meters (the subsequent three land was converted into the area) and J 1,292 square meters on August 10, 193.

C. After that, upon the deceased’s death on December 27, 1953, K succeeded to Australia. K was declared missing on July 22, 1982 due to the expiration of the period of disappearance, and its inheritors agreed to each of the instant land as owned by the Plaintiff following the procedure of inheritance consultation and division on December 30, 2015.

Accordingly, on January 28, 2016, the Plaintiff completed the registration of ownership transfer on the instant land, and on the instant land 3, the registration of ownership transfer was completed.

E. Meanwhile, each of the instant lands was used as a public road for the passage of the general public. Since the instant land was incorporated into N pursuant to Presidential Decree No. 2845 on December 27, 1966 in the Official Gazette, Defendant Republic of Korea has occupied and used it up to now. The instant land 3 was constructed as a road pursuant to theO publicly notified on January 13, 1969 by the Ministry of Construction and Transportation and used it up to the present day.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 13, 14, 16 through 18, Eul evidence 2, 5, Eul evidence 1 (including each number), and the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties is the Plaintiff.