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의정부지방법원 2017.03.17 2016가단1267

토지인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1-1, Eul evidence 2-1, Eul evidence 1-2, Eul evidence 4-1, Eul evidence 5-1, Eul evidence 5-2, Eul evidence 5-1, 2, and 3, and the whole purport of arguments.

C On March 2, 1965, the registration of initial ownership has been completed with respect to the land D (hereinafter “D land before subdivision”), the land D (hereinafter “D land before subdivision”), the land E (188 square meters in Gangwon-do, and the F (155 square meters in Gangwon-do, Gangwon-do), respectively.

B. (1) On December 20, 1969, the details of the change in the D’s land before the division were divided into the 4,000 square meters in the G of Gangwon-gun, Gangwon-gun, which was before the division.

(2) On January 6, 1993, C filed an application for land subdivision with the Defendant with respect to the previous G 4,000 square meters prior to the division.

(3) On January 8, 1993, the area of the said G 4,000 square meters prior to the division was divided into 716 square meters prior to the Gangseo-gun, Gangwon-gun, the area of the said G, 2,228 square meters prior to H, Gangwon-gun, the area of the said G 4,000 square meters prior to the division, and 71 square meters prior to the I.D., the area of the said G 4,000 square meters.

(4) On January 8, 1993, C applied for a change of land category against the Defendant to change the land category of the instant land into a road, and on February 8, 1993, the land category of the instant land was changed to a road as of February 8, 1993.

(5) Before I, the land category of 711 square meters was changed to that of February 8, 1993.

(6) On April 24, 1993, I large scale 71 square meters was divided into one another with the I large scale 484 square meters and the J large scale 227 square meters in Gangwon-gun.

(7) On September 25, 1996, I large scale 484 square meters was divided into the 313 square meters in Gangwon-gun, Gangwon-do, and the 171 square meters in K of Gangwon-gun, Gangwon-do, and 171 square meters in size.

(8) On March 18, 1998, an I large scale of 313 square meters was divided into an I large scale of 251 square meters and a large scale of 62 square meters in Gangwon-gun.

(9) On December 6, 200, H’s 2,228 square meters was divided into 961 square meters prior to the Guwon-gun, Gangwon-do, H, 202 square meters prior to the Gangseo-gun, Gangwon-do, and 463 square meters prior to the N of Gangwon-gun, Gangwon-do, and 602 square meters prior to the O of Gangwon-do, Gangwon-do.

(10) The final details of the instant land and its surrounding land divided as of January 8, 1993 with the area of 4,000 square meters in the preceding G prior to the subdivision are as follows.

[Attachment] The date of division shall be January 8, 93.