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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s father Nonparty F was originally owned on December 29, 1973 with the land size of 2,552 square meters in Yangju-gun E-gun before the division.
B. (1) On January 5, 2000, Nonparty G Co., Ltd. (hereinafter “G”) filed an application for approval of the housing construction project plan on H and 18 parcels.
At the time, G attached a written consent stating that “I consent to the ownership of the land of 1,136 square meters from F is to be created as a park creation and a parking lot in accordance with the terms and conditions of prior decision on a housing construction project plan and to be used by residents.”
(Non-Party I also submitted a written consent on the same day with J-J 424 square meters and K miscellaneous land 1,470 square meters on the same day). The Defendant received a report of development activities on January 13, 200 when developing a nearby park and parking lot site in the vicinity of the application site, and sent a written consent for permanent use, including the details of donation or renunciation of compensation, to the parking lot and park under the development plan.
Article 22(1) of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 206
Applicant on January 24, 200, the Defendant accepted a report on the development activities for the creation of a parking lot and a park site for 2,673 square meters among 6,294 square meters of land E and 2,000, and approved the G housing construction project plan on February 22, 2000.
C. (1) On June 19, 200, land E before division was divided into 1,136 square meters of D miscellaneous land (hereinafter “instant land”) and 1,014 square meters of E miscellaneous land, and 402 square meters of L miscellaneous land.
SheF sold each land E to Non-Party M Co., Ltd. (hereinafter referred to as “M”) on September 14, 2000.
Fidelity E was merged on June 20, 2002 with H land, the apartment site of this case.
Applicant L land was donated to the defendant on September 13, 2002 by M, and is currently being used as a road.
(v) the land in this case shall be February 1, 2001 by the plaintiff and N.