1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Basic Facts

The Plaintiff purchased a lot of land A road A 219 square meters (hereinafter “instant land”) and B 12 square meters of a road (hereinafter “instant land”) at the time of Jinwon District Court Jinwon District Court’s Jinju-si’s compulsory auction proceeding, and completed the registration of ownership transfer on November 11, 2014, by referring to the instant land Nos. 1 and 2.

On June 25, 1982, the Jinju City announced a decision on urban planning facilities (road) with respect to the Class 1 land of this case, and the implementation plan was approved on January 27, 1995.

D 1,939 square meters of paddy field is divided into D 1,136 square meters on August 11, 1988, G 569 square meters, A 219 square meters of paddy field (the instant land), B 12 square meters of land (the instant land) on the same day, based on the application for division and land category change of E and F, which were the owners. The land category of each of the instant land was changed to the road of this case on the same day.

On September 12, 1988, the Dong New Housing Limited Partnership (hereinafter referred to as the "Dong New Housing") purchased D 1,136С from E and F, G 569С, and each of the instant land, and completed the registration of ownership transfer on September 27, 198.

On August 198, 198, Dong New Housing built multi-household housing (12 households) on the ground of G field 569 square meters on the ground of G field with a building permit granted from Jinju-si, and around October 198, it obtained approval from Jinju-si on the construction project plan under the condition that "a front package of apartment access road (neighboring apartment) is to be packaged" from Jinju-si, and constructed 1,136 square meters underground floors and 5 stories above ground (20 households) on the ground of D field 1,136 square meters, and around that time, the packing construction was done on each of the instant land.

Around December 2014, the Defendant established a superior hall on the ground of the instant land No. 1.

The land of this case is used as a road included in the second line packing roads (in which the upper speed and the real lines are installed) as well as the access roads to the above apartment and multi-household houses, and the land of this case is used as the access roads to the above apartment and multi-household houses.

[Reasons for Recognition]