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. On October 30, 1972, the land category of B road B 1,091 square meters (hereinafter “instant land”) was changed from forest and field to a road. Of the instant land, the part of the instant land, which connected each point of the following: indication 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 10, and 798 square meters (hereinafter “the instant part”), which connected each point of the instant land, is used as a road passing through by neighboring residents.

B. The Plaintiff completed the registration of ownership transfer on June 18, 1987 with respect to 1/12 shares out of the instant land, and on April 1, 1997 with respect to 3/12 shares out of the instant land due to each inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The form of unjust enrichment by the State or a local government in possession of a road is divided into possession as a road management authority and possession as a de facto controller. As such, it may be recognized that possession as a road management authority starting from the time the existing road is determined or a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act. Even if there is no act of construction of a road by the State or a local government, it shall be deemed that the State or a local government is actually under the de facto control of the State or a local government, and it shall be deemed that the occupation as a de facto controller is commenced when it is performed for the general public through reconstruction or maintenance of a road, such as expansion of the existing road, packing of the road, or installation of the sewerage system (see, e.g., Supreme Court Decision 2001Da70900, Mar. 12, 2002). In addition, it shall be deemed that the State or a local government occupied a private road and provided it to the general public with exclusive ownership of land owners.