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1. The defendant shall indicate to the plaintiffs the annexed drawings Nos. 1, 2, 19, 20, 21, 22, 23, 8, 9, 10, 24, among the real estate listed in the annexed list.
Reasons
1. Basic facts
A. On June 13, 2014, the Plaintiffs completed the registration of ownership transfer for each 1/3 portion of the real estate listed in the separate sheet (hereinafter “instant land”).
B. Of the instant land, an indication of the annexed drawing(s) Nos. 1, 2, 19, 20, 21, 22, 23, 23, 8, 9, 10, 24, 25, 26, 27, 28, 29, 16, 17, 18, and 130 square meters in sequence among the instant land (hereinafter “instant road”) have been used as a road for neighboring residents for a long time.
C. From around 1990 to around 2004, the Defendant laid underground water supply pipes connected each point of the road of this case as indicated in the annexed drawing Nos. 30, 31, and 32 among the roads of this case, and buried the road of this case again.
[Reasons for Recognition] Facts without dispute; Gap evidence Nos. 1 and 2; Eul evidence Nos. 1, 10, and 11 (including branch numbers); the result of this court’s request for surveying and appraisal to the branch offices of the Korea Land Information Corporation; the purport of the entire pleadings
2. Determination
A. Determination of the cause of claim 1) Determination of the State or a local government as to the duty to remove and deliver roads may be divided into possession and possession as a de facto controlling entity with a road management authority. Thus, it may be recognized that the existing de facto road is the commencement of possession as a road management authority when a public announcement of the recognition of routes under the Road Act or a road zone is determined, or when a road is constructed by the implementation of an urban planning project under the Urban Planning Act. Even if there is no act of building a road under the Road Act, if the State or a local government is actually using the existing road for the general public through reconstruction or maintenance of the road, such as expansion of the existing road, packing of the road, or installation of the sewerage system, such road shall be deemed to have been under the de facto control of the State or a local government, and possession as a de facto controlling entity is recognized (see Supreme Court Decision 200, Mar.