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1. The plaintiff's main claim is dismissed.
2. The defendant is on the road B with the wife population in Gyeonggi-do, and 1,092 square meters to the plaintiff.
Reasons
1. Basic facts
A. On September 1, 1986, the area of 2,261 square meters prior to the wife population D (hereinafter “instant mother land”) was subdivided into the area of 1169 square meters prior to the wife population D and the area of 1,092 square meters prior to the wife population B (hereinafter “instant land”).
The land category of this case was changed to a road on January 9, 1987.
B. On September 30, 200, the registration of ownership transfer was completed in the name of the defendant on August 4, 2009 on the ground of inheritance by consultation or division on September 30, 200.
The defendant is C's children.
C. The land of this case is the part on the ship that connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 1.
Of the instant land, part of 132 square meters inside the ship which connects each point of the attached Table 1, 2, 3, 4, 5, 5, A, and 1 (hereinafter “part of the instant land”) among the land in this case shall be deemed to have been a road.
F. Part 1, A, 5, 6, 7, 8, 9, 10, 11, g, g, e, d, c, c, b, 16, 17, and 70 square meters inboard (hereinafter “part 2 of the land in this case”) are used as the legal surface of the road of the attached Form 16, A, 5, 6, 7, 8, 9, 10, 11, g, d, d, c, 11, 12, 13, 14, 15, and 16 of the land in this case (hereinafter “section 3 of the land in this case”) are currently a site state.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4, result of the commission of appraisal to appraiser E by this court, purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff, upon delegation of the compensation work related to the FF construction implemented by Gyeonggi-do around 1985, performed the compensation work for the land incorporated into the said road.
During that process, C (Defendant's father) who was the owner of the mother land of this case prepared and delivered a written consent of the governor of the Gyeonggi-do and the Do-do-gun with the following contents:
The execution of this Corporation shall be made in accordance with the following conditions, in respect of the real estate (the mother land of this case) owned by it (C) to be transferred to the Fiting Corporation: