도로소유권 반환청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The answer Nos. 1,038 (hereinafter “the land before the instant subdivision”) was divided as follows, and the registration of ownership preservation was completed in the name of C, D, etc., and the registration of ownership transfer was completed in the name of the Defendant (Yong-gu) following the process of the secondary merger.
[Attachment E-road 41 square meters and F 55 square meters (hereinafter referred to as “each of the instant lands,” and when referring to individual parcels, it shall be abbreviationd with “E road 41 square meters, etc.”). On September 30, 1968, Gangwon-do 1,038, Gangwon-do 177 square meters and G 115 square meters before G 177 square meters, J. 465 square meters [. 3 April 1, 197) on June 1, 1972 (hereinafter referred to as “F 1, 40 square meters”) are 40 square meters and 75 square meters [2. 4. 1, 1985 square meters on April 11, 1975] / [2, 1985 square meters on the roads of 40 square meters and 15. / [4. 1, 1985 square meters on April 11, 1985].
B. On October 18, 1950, before the enforcement of the Civil Act, the Plaintiff inherited Australia.
C. The registration of ownership transfer was completed to D on December 11, 1981 with respect to E-road 41 square meters, and the registration of ownership transfer was completed on April 4, 1985 due to the consultation on the land for public use on February 5, 1985.
With respect to F. F. 5 square meters of land, the registration of ownership transfer was completed on April 27, 2000, and the registration of ownership transfer was completed on October 20, 201 on September 15, 201 (after the registration of ownership transfer was cancelled on October 6, 201 after the cancellation of the agreement) on September 19, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. On or before October 18, 1950, the Plaintiff, as the Plaintiff’s assertion by the parties, acquired ownership by purchasing the land before the instant partition from P, a situation-based P, who purchased the land before the partition.