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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff), 1.
Reasons
1. After remanding, the first instance court dismissed all the claims of the plaintiffs against the principal lawsuit and accepted the defendant's counterclaim. 2) The court dismissed the appeal against the plaintiffs against the principal lawsuit and revoked the first instance judgment against the defendant's counterclaim, and dismissed the defendant's counterclaim.
3) The judgment of remand (the Supreme Court dismissed the appeal against the Defendant’s counterclaim, and reversed the judgment of this court prior to the remanding, and remanded to this court, by accepting the Plaintiffs’ appeal against the principal lawsuit only by the Plaintiffs.
Therefore, the subject of the judgment of this court after remand is limited to the above reversed and remanded part, that is, to the principal lawsuit.
2. Basic facts
A. 2,647 NBE 2,647 (hereinafter “the mother’s land of this case”) was determined by the O on April 10, 1912, the ownership was transferred to P on November 26, 1926, and the ownership transfer registration was completed in Q’s name on April 24, 1931 on the ground of sale as of April 20, 1931.
B. The land cadastre of the mother’s land in this case is indicated as “the partial road formation on December 6, 1913”.
C. On November 25, 1933, the mother land of this case was divided into the R, M No. 141 square meters and S No. 450 square meters prior to the date of November 25, 193, and among which M No. 141 square meters prior to the date of November 25, 193, the land category was changed to a road, and M No. 466 square meters at the present time.
(hereinafter “instant land”). D.
On December 25, 1917, U.S.A. acquired ownership under the circumstances of 18,858 U.S. forests adjacent to the instant land to be used as school sites. On August 31, 1946, U.S. obtained authorization for the establishment of W Middle Schools.
Since then, the X high school opened on October 10, 1951 after the restructuring of the school system. The land in this case is being used as the access road from much more than the above opening to the present opening of the X high school.
E. The plaintiffs, as co-inheritors of Q, share of the plaintiff A, B, and C in the land of this case, and the plaintiff D and H respectively.