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(영문) 서울동부지방법원 2017.07.05 2016가단125744
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Possession and possession of real estate;

A. The Seoul Metropolitan Government, on January 21, 1967, publicly announced the implementation of the project on January 25, 1967, with respect to the land readjustment project for Seoul E District (hereinafter “instant project”) in Seongdong-gu Seoul, Seongdong-gu, Seoul, with the authorization of project implementation on January 21, 1967.

B. On December 12, 1967, F and G (H prior to the opening of the name) of the Plaintiff were purchased from I on December 12, 1967 from J of Seoul Special Metropolitan City, Gwangjin-gu, Seoul, about 584, about 511, and about 295, both of which were included in the instant project area (hereinafter “previous land”), and completed the registration of ownership transfer on December 18, 1967.

C. After October 13, 1969, the previous land was divided as indicated in the column of the partitioned land as shown in the annexed sheet. Of the partitioned land, M land was designated as substituted by the designation of the land scheduled for substitution as of October 14, 1969.

The partitioned land was disposed of on October 21, 1972 with each land indicated in the column of land after the substitution of the annexed sheet.

The category of N,O, P, Q, and R (hereinafter collectively referred to as “instant land”) was changed to “road” and the remaining land category was changed to “large land.”

E. Meanwhile, F and G (hereinafter referred to as “F, etc.”) sold all the remaining lands except the instant land to others on the basis of the land partitioned and the land scheduled for substitution after the completion of the replotting disposition or the land scheduled for substitution after the completion of the replotting disposition.

Since the completion of a replotting disposition, each building began to be newly constructed on the remaining lands, and the land of this case, which is a narrow and long-term form, such as the sound portion of the annexed drawing, has been used as a road since that time.

After that, before 2003, the road packing work was performed by the defendant, and the sewerage pipes were laid underground in the underground.

F. The area of the instant land is approximately 6.4% of the area of the previous land purchased by F, etc. as a total of 294m2.8m2.

The instant land from among the land after replotting.

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