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(영문) 부산지방법원 2019.01.09 2016가단334734

토지인도

Text

1. The principal defendant Dong-gu Busan Metropolitan City shall be the plaintiff:

A. Of the 187 square meters in Busan Dongdong-gu B, Busan, an appraisal map.

Reasons

1. Facts recognized;

A. On May 2, 191, the Plaintiff acquired the Plaintiff’s ownership and completed the registration of ownership transfer on May 25, 1991 by purchasing from C 140.7 square meters from Busan Dongdong-gu, Busan on May 25, 199. On December 30, 191, the Plaintiff purchased from E B 187 square meters adjacent to the said land (hereinafter “instant land”) and completed the registration of ownership transfer on January 25, 1992.

(Each location shall be as follows:

From May 30, 1956, E owned each land of F, G, H, I, J, and K (hereinafter “pre-mergered land”) from around May 30, 1956, as follows: (a) around July 8, 1977, the land was merged into F, and was made into land; and (b) the same year.

7. Around 27. At the same time, each of the instant lands is divided into 22 lots outside of the instant land (F, L, or M) and, at the same time, the non-type land was created as a fixed land by dividing and combining the N,O P, Q Q land (i.e., the following drawings from 1 to 6, and (ii) the land adjacent to the lower part into the said land and the aforementioned land owned by E.

Since F, housing was built on the remaining land except R (vii part of the above drawings), B, and M among the above land, and currently the above area was adjusted in the form as follows:

Each airline figures around May 1973, around November 1977, and around November 1979 for the above area are as follows:

C. On March 6, 1973, Busan City publicly announced the designation decision as an urban planning road with the content that the land of this case, the above S, and each part of the land of this case are to be set up a sub-ro two (eight meters in width).

After that, the designation decision was publicly announced as an urban planning road with the same contents on May 1990, which did not proceed with the project of establishing the above urban planning road.

In light of the above aerial photography, at around 1977, E had already been developing a housing site according to the above urban planning road line from D to T, and U land around 197.

Accordingly, E has already been at the time of the above merger and division.