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(영문) 대구지방법원경주지원 2019.01.09 2018가단12912
소유권이전등기
Text

1. The Plaintiff is one of the 66m2 of H road in racing-si:

A. Defendant A and B shall acquire by prescription on October 29, 2001, respectively, with respect to each portion of one-fourths period.

Reasons

1. Facts of recognition;

A. On November 1, 1953, Korea incorporated one-day land, including the current lot number, land category, size, etc. (hereinafter “instant land”) into the I Park site.

B. On the land cadastre, the telegraph of the instant land was 34 J (hereinafter “former land”) but 20 square meters was formed on December 20, 1958, and its land category was changed to “road” and became the instant land.

See the evidence No. 2-1 to 3 (Land Ledger and Land cadastre) . The unit of area is 66 square meters.On the other hand, the registration injury (see Category A1-1 to 3) remains in the old land form without changing the lot number, etc. from October 29, 1981. On the other hand, the registration injury remains in the old land form from October 29, 1981, the non-party M's application (an application for subrogation for preserving the right to claim ownership transfer registration due to the sale) was divided into H large 20 square meters and the remaining (land number omitted) 14 square meters on October 29, 1981, while the land category was changed to

C. Before the division, etc. of the old land (number or change of land category) takes place, Korea paid compensation to K on the premise that 24 of the old land should be divided and incorporated into a road site (However, L was the price recipient). As such, when the former land was incorporated into a road site by dividing 200,000 square meters from the former land into a road site, Korea settled the amount of compensation for four square meters.

See Evidence No. 8 (O’s protocol of inclusion and settlement of accounts). Since the Republic of Korea “prepaid the amount of compensation for 24 square meters”, it is reasonable to view that the “20 square meters” out of the old land was completed before December 20, 1958, which was divided into the instant land.

Since then, the Republic of Korea occupied the instant land as an Ipark site, and around February 5, 1963 under the Road Act enforced on January 1, 1962, the instant land was designated as a first-class road route. Since that time, the Plaintiff was within its jurisdiction.

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