The judgment below

The part concerning the main lawsuit shall be reversed, and that part of the case shall be remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. As to the ground of appeal by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)

A. The lower court acknowledged the following facts.

1) The AAri (hereinafter referred to as “Ari”) of the Sound Group of Chungcheongbuk-do.

(B) NB 2,647 et al. (hereinafter “the mother’s land”).

[2] On April 10, 1912, an assessment was made to theO on April 10, 1912. After that, the ownership was transferred to P on November 26, 1926, and the ownership was transferred in Q’s name on April 24, 1931 on the ground of sale as of April 20, 1931. (ii) on the old land cadastre of the mother’s land in this case, stating that “the road portion was made on December 6, 1913.”

3) On November 25, 1933, the mother land of this case was divided into the R, M M No. 141 and S No. 450 on November 25, 193, and among which M No. 141 on November 25, 193, the land category was changed to the road on November 25, 193 (hereinafter “instant land”).

(4) Meanwhile, in order to use it as a school site on December 25, 1917, U.S.A. acquired ownership under the assessment of 18,858 square meters adjacent to the instant land, and obtained authorization for the establishment of W Middle Schools on August 31, 1946.

After that, the X-high school was opened on October 10, 1951 after the school system reorganization.

The instant land has been used as an access road to the above school site from much more than the above opening of X High School.

B. Based on the above facts, the lower court appears to have established a part of the mother land of this case as a road around December 6, 1913, when the land of this case was partitioned from the mother land of this case, and was actually used as a road since that time, and provided the general public with the passage of the general public. In light of the circumstances indicated in the purport that part of the mother land of this case was constructed as a road around December 6, 1913 as a road around December 6, 1913, the lower court, upon lawful compensation procedure, constructed a road in part of the mother land of this case, or O, the owner of the mother land of this case, at that time.