토지인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1-b of the judgment of the court of first instance.
1. Basic facts
A. On May 3, 1924, the deceased B (hereinafter “the deceased”) completed the registration of transfer of ownership in the deceased’s name on the ground of sale and purchase on April 29, 1924, as to Goyang-gu A No. 2,130 square meters (hereinafter “the land before the first subdivision”).
B. On August 30, 1927, Gyeyang-gu E (hereinafter “E”) was divided from the land before the first subdivision of the instant case, and the land category of Gyeyang-gu A (hereinafter “the land before the second subdivision”) was changed from “the answer” to “road” on the same day on the same day.
C. The land before the second subdivision of this case appears to have been used as a road by the general public from August 30, 1927, the land category of which was changed to a road, and was designated as a national highway by the Department of Shipbuilding on December 1, 1938. On December 1, 1978, the land was continuously used as a road after being incorporated into the "Seoul Seomunsan Construction Works" section (hereinafter referred to as the "united Road") which was implemented by the Seoul Regional Land Management Agency around 1972. Since then, the part of the land before the second subdivision of this case was changed to some part of the road section, and became ununited as follows.
On April 30, 2012, C, the deceased’s heir, completed the registration of ownership transfer on the land before the second subdivision on April 30, 201, due to the family inheritance on April 30, 1941, and the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the same day as of April 18, 2012.
E. After that, on January 4, 2013, the land before the second subdivision of the instant case was divided into the land of 652 square meters (the land indicated in paragraph (1) of the attached Table; hereinafter “instant land”) and the land of 875 square meters (the land indicated in paragraph (2) of the attached Table No. 2 of the attached Table; hereinafter “instant land”) of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul. The land before the second subdivision of the instant case was divided into the land of 1 and the land of 2 of this case (hereinafter “each of the instant land”).
F. At present, the land No. 1 of this case is unified.