Text
1. The defendant shall be the plaintiff.
(a) 2,821,352 won and the rate of 20% per annum from August 14, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
(a) Text 1-b;
On May 28, 1992, the land indicated in paragraph (1) (hereinafter “instant land”) had completed the registration of ownership preservation in the name of C, and on October 31, 200, the registration of ownership transfer was completed in the name of D.
D on July 17, 2003, donated the instant land to the Plaintiff, and completed the registration of ownership transfer on July 19, 2003.
B. The instant land is currently being used for the passage of the general public as part of the roads (J) which combine the “F-G-G-Yong-gu H-Yong-gu, Geum-gu, Geum-gu,” by dividing the instant land into two sides of the Busan-gu E Village.
In the 1970s, the Defendant packaged the asphalt on the instant land.
The land of this case is included in the 3th 19 line as a lawsuit according to the decision of K Urban Planning Road announced by Busan City on March 30, 2005, but the urban planning project has not yet been implemented.
The annual fixed-term rental fees (won) from December 18, 2009 to December 31, 2009 to December 31, 2009, 475,608, 17,89 to December 1, 2010 to December 31, 31, 201, to December 493, 493, 488, 493, 4881 to January 1, 201 to December 31, 31, 201; 493,488 493, 488 488 1 to 35, 2012; 1 to 31, 493,48; 1 to 493,48; 1 to 493,488; 1 to 493,493,4888 1 to 1 to 2013; 1 to 184,615
C. The rent for each period of the instant land is as listed below:
(However, there is no dispute (based on recognition), Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3 and 4 (including virtual numbers) and images, the result of the request for appraisal of rent to appraiser L by this court, the purport of the whole pleadings.
2. Determination
(a) Where the State or a local government, even though the act of road construction, etc. was performed with respect to the cause of the claim, performs the reconstruction or maintenance and repair of roads, such as expansion of roads, packing of roads, or installation of sewerage, and uses them for the general public, such roads shall be deemed to have been under the de facto control of the State or a local government, and it shall be recognized that possession as the actual control