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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
Reasons
1. Basic facts
A. On December 30, 1976, D. D. 3, 3,957 square meters were divided into 3,64 square meters in Ulsan-gun, Ulsan-gun, and 293 square meters in Ulsan-gun, Ulsan-gun, and the land category was changed to 3,64 square meters in 4,000,000. The Plaintiff purchased 3,664 square meters in 9,000,000,000 on March 7, 1996 and completed the registration of ownership transfer from 3,000,000 square meters in 3,000,000,000 square meters in 1,000,000 and 2,0000 square meters in 3,000,000 square meters in 1,000,0000 square meters in 3,000,000 square meters in 1,000,000.
(f)land 1 and 2 is packed in asphalt and currently being offered for public passage;
[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 through 6, Eul evidence 1 through 13 (including those with serial numbers; hereinafter the same shall apply) or images, the result of on-site inspection by the court of first instance, the purport of the whole pleadings
2. Determination as to land Nos. 1 and 2
A. The gist of the Plaintiff’s assertion is that the Plaintiff owned land owned by the Plaintiff, but the Defendant arbitrarily occupies and uses it as a road site without any legal cause, thereby offering the passage of the general public.