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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. Nonparty B, the Plaintiff’s attached, completed the registration of ownership transfer on January 8, 1937 with respect to Nonparty 1’s counter C 469 square meters (hereinafter “instant real estate”). The Plaintiff completed the registration of ownership transfer on June 25, 2012 due to inheritance on July 15, 2015.
B. On January 1, 1969, the Defendant: (a) designated and announced the 1015 line of local highway via “Public Notice No. 362 of Gyeongnam-do”; (b) on March 13, 2014, when the instant real estate was incorporated into a road on the said local highway and occupied it as a road; and (c) paid KRW 49,714,00 as compensation to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 7 (including each number), witness D's testimony and the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant, before acquiring the instant real estate through consultation, occupied the instant real estate as a road site without a title to possess the instant real estate, and thus, was obligated to return it. The Defendant asserted that, on March 13, 2014, the Plaintiff renounced the claim for rent of the instant land in the course of consultation on the acquisition of public land with the Defendant.
3. According to the following: (a) whether the Plaintiff renounced the claim for rent for the instant real estate; (b) the Plaintiff’s personal information on behalf of the Plaintiff; (c) the witness D’s testimony; and (d) the inquiry reply to the fact-finding with respect to the original city; and (c) the entire purport of the pleadings: (a) around March 2014, the Plaintiff visited the original viewers in the process of receiving compensation for the instant real estate; and (b) the F, working for the Changwon E and the staff, at the time, promises not to file any claim for rent for land and any other lawsuit in connection with the receipt of compensation for the said real estate.”