1. The defendant shall be the plaintiff.

(a) 2,602,70 won and the rate of 15% per annum from August 21, 2018 to the date of full payment.

1. Basic facts

A. On October 26, 2004, the Plaintiff received the registration of ownership transfer from C with respect to the land of 13 square meters in Dongjak-gu Seoul Metropolitan Government B (hereinafter “instant land”).

B. Pursuant to Articles 12 and 13 of the former Urban Planning Act (amended by Act No. 2988), which was repealed by Act No. 6655, and Article 6(1)1 and 3 of the Enforcement Decree of the former Urban Planning Act (amended by Presidential Decree No. 6583), the land of this case was included in the E Urban Planning Routes (Road Number F, Point G, Point H), for which the decision of urban planning facilities (road) and the cadastral approval was made on April 28, 1973, and later, it was used for the general public by temporarily selling at the same time with the land of M.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 5-1 to 3, Gap 5-1 to 4-7 evidence, the result of the appraisal commission to the appraiser N by this court, the purport of the whole pleadings

2. Determination as to the cause of the claim

Inasmuch as the State or a local government’s occupation of a road is divided into possession and possession of a road as a de facto controlling body, first of all, possession of a private land as a road management authority may be recognized when public notice of recognition of routes under the Road Act, a road zone is determined, or when a road is constructed by the implementation of an urban planning project under the Urban Planning Act. Moreover, even if the construction of a road was not done under the Road Act, the State or a local government is actually necessary construction on a private land that was not officially used for the traffic of the general public, and the land is in the form of a road, and is in common use for the traffic of the general public.