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(영문) 대전지방법원 2015.10.27 2015나104211

사용료

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Since May 13, 1936, G residing in the F in Seosan-si owned 1,326 square meters prior to Seosan-si E (hereinafter “the instant land prior to subdivision”) and 1702 square meters prior to H abutting on the said land (hereinafter “H land”); thereafter, G owned the said two parcels of land by donation from May 4, 1981.

B. From April 12, 1995, J owned the instant land before subdivision, and K and Social Welfare Child Care Center owned the said H land jointly from December 20, 1995.

The above H land was divided into L prior to H on February 14, 1997, 628 square meters and part 254 square meters in the attached Form “B” (hereinafter “instant road”), which is part of the bus route, and M/N, which is not included in the bus route and M/N on August 1, 1999, and became the sole ownership of H’s 628 square meters, L prior to L, 88 square meters, and part of N, which were part of a social welfare foundation B’s childcare center, through the division of common property on August 1, 199.

C. After the subdivision, the ownership of the instant land was transferred to O on November 1, 199, and O divided the instant land before subdivision into 1,071 square meters and 255 square meters before P, which is the instant land on November 18, 1999, and transferred the ownership of the instant land to B Child Care Center of a social welfare foundation B on December 31, 199.

A child-care center of a social welfare foundation B combines a P 255 square meters divided from the foregoing E with Q Q 355 square meters divided from N with Q 610 square meters on January 13, 200, and combines Q 610 square meters and H 628 square meters on March 2, 2009.

E. The instant land was transferred to R on the ground of sale on December 29, 2000, on the ground of sale and purchase, and the Plaintiff completed the registration of ownership transfer on the instant land under the Daejeon District Court Decision No. 25895, Jul. 31, 2003, which received on July 31, 2003.

F. The Defendant: (a) from around 1983, from 1983 to 254m2 to 254m2 as indicated in the annexed drawing indicating the instant road, the instant road is in possession of the land as a concrete package and designating it as a city bus route; and (b) the instant road portion is de facto