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1. The defendant shall be the plaintiff.
(a) 4,559,400 won and its corresponding year from August 12, 2015;
9. up to 30.0% per annum.
Reasons
1. Facts of recognition;
A. On December 8, 1983, the Plaintiff acquired the land of the Yeongdeungpo-gu Seoul Special Metropolitan City B on the grounds of sale and purchase, and on January 12, 2010, the land listed in the separate sheet (hereinafter “instant land”) was partitioned from the land of the said B, and the land category on the same day was changed from “site” to “road.”
B. The Plaintiff newly constructed a building on the above ground B and obtained a building permit on November 2, 2009 and obtained approval for the use of the above building on or around January 5, 2010. In the process, the Plaintiff agreed on October 2009 to designate the 80 square meters of the access road to the building among the above land as a road under the Building Act, and on November 2, 2009, the said part of the land was designated and publicly announced as a road. Accordingly, upon the Plaintiff’s application, part of the above part of the land was divided into the instant land and its land category was changed as seen earlier.
C. While located in the vicinity of the instant land and forming the same road as the said land along with the said land, the said C large 53 square meters, D large 67 square meters, E large 342 square meters, and F large 95 square meters, etc. were all acquired the ownership on the ground of donation on March 9, 1987 by the Defendant (Uu-gun at the time). On the other hand, the airline shooting taken around April 1981 did not appear on the road including the instant land, but it appears that there was a small narrow passage depending on the current road location. In the airline shooting taken around April 1987, a road having the form of public traffic is difficult to view that it was privately established by an individual, in light of the road section, width, shape, etc. installed, and it appears that it was installed as part of a public project.
At present, among the land in this case, the land in this case was connected in order to each point of the attached Table 1, 3, 4, 5, 6, 7, 8, 9, and 1.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 respectively.