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1. The part against the plaintiff falling under paragraph (2) of the judgment of the court of first instance shall be revoked;
2...
Reasons
1. Basic facts
가. 원고는 1973. 10. 12. 서울 은평구 C 대 615㎡(이하 ‘이 사건 분할 전 토지’라 한다)에 관한 소유권이전등기를 마친 다음, 1982. 9. 28. ㉠ C 대 44㎡, ㉡ 주문 기재 도로 141㎡(이하 ‘이 사건 도로’라 한다), ㉢ D 대 187㎡, ㉣ E 대 243㎡으로 각 분할하여 분필등기를 마쳤다.
B. On the other hand, the instant road was included in the road construction section of Eunpyeong-gu Seoul Metropolitan Government as a three-lane due to the Seoul Metropolitan Government’s announcement of January 18, 1969 and the decision of modification of H on March 20, 1990 as of April 11, 1990 and the Eunpyeong-gu announcement of Eunpyeong-gu as of April 11, 1990, and was incorporated into the road construction section of Eunpyeong-gu Seoul Metropolitan Government. On March 25, 1995, the Defendant announced the instant road as the object of compensation due to the public inspection of the Eunpyeong-gu J urban planning project (road) implementation plan.
C. At the time of the public announcement of the implementation of the above urban planning project, the Defendant, other than the road of this case, publicly announced as the subject of compensation due to the construction of road construction works, along with the road of this case, ① K-type 15 square meters prior to the merger, ② L-type 39 square meters prior to the merger, ③ M-type 1 square meters prior to the merger, ④ N-type 34 square meters prior to the merger, as well as the road of this case. On July 4, 1995, around July 11, 1995, to the owner of the site, ④ the owner of the site, and on July 24, 1995, to the owner of the site, ② the owner of Q Q and R of the site paid each compensation to the owner of the site and acquired it as each public site, and completed the construction of the site of this case and the road of this case.
Meanwhile, on April 26, 200, the Defendant merged the site into S road, and thereby, the instant road is offered to the general public with the said S road, which is abutting on the 1,261 square meters of the said S road, along with the said S road, from the construction of the said road to the date of closing the argument in this case.
E. When calculating the rent for the instant road by deeming the current status as “road”, the rent from October 23, 2009 to January 15, 2015 is KRW 25,297,640, and the monthly rent after January 16, 2015 is KRW 448,850.