1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. With respect to the 1,650 square meters (B) prior to Gyeongbuk-gun B (hereinafter “B”) on May 4, 1973, F on the grounds of sale and purchase on May 15, 1973, G on July 25, 1977, on the grounds of sale and purchase on July 18, 197, and D on October 26, 1993 on the grounds of sale and purchase on January 16, 1980, and on September 26, 1998, the registration of ownership transfer was completed in order to the Plaintiff on January 18, 2007.

B. The Defendant, among the land B, has installed sewerage systems and manles on the ground of the instant land from August 23, 2007 to September 12, 2007, where the part of (b) size 29 square meters in the ship connecting each point of the attached Table 6, 7, 8, 9, 10, 26, 25, 24, 23, 22, 22, 21, and 6, in sequence, was packed as cement.

C. The instant land is currently being used as a road provided for the passage of the general public, and a road of 6,162 square meters (hereinafter “instant road”) managed by the Defendant, which is adjacent to the instant land.

[Ground of Recognition] A without dispute, entry of Gap evidence 1 through 11, and 13, result of the measurement and appraisal commission to the chief of the Intellectual Nutrition Office of the first instance court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The form of occupation of a road by the State or a local government can be divided into occupation as a road management authority and occupation as a de facto controller. However, if the existing de facto road is determined by the Road Act, or a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority may be recognized starting from the time of the existing road. However, even if a road is not constructed by 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, construction of a road package, or sewerage system, and thus, is for public use.