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1. The Defendant’s KRW 42,383,00 for the Plaintiff and KRW 5% per annum from November 21, 2019 to February 7, 2020.
Reasons
1. Basic facts
A. On March 6, 2014, the Plaintiff purchased each parcel of land indicated in the [Attachment 1] List (1) from the Incorporated FoundationB, and completed the registration of ownership transfer on June 2, 2014, respectively.
B. On February 26, 2018, from the land indicated in attached Table 1 “Real Estate List (1)” paragraph (3), the land category of the said land was changed to a road on March 2, 2018.
C. On August 8, 2019, each land listed in [Attachment 2] List of Real Estate (2)” (hereinafter “instant land”) was divided as follows.
Land listed in attached Form 2(1) attached Form 2(2) of the land listed in attached Form 2(2) of the land listed in attached Form 1(1) of the land listed in attached Form 2(1) of the land listed in attached Form 2(2) of the land listed in attached Form 2(2) of the land listed in attached Form 2(3), Gyeonggi-gun, Gyeonggi-gun, 70 square meters; and
D. When implementing “D and two drainage facilities and road improvement and maintenance works” (hereinafter “instant construction”), the Defendant paid KRW 355,570,000 to the Plaintiff, the owner of the instant land, for compensation for losses, and completed each registration of ownership transfer in the Defendant’s future on November 20, 2019 on the ground that “acquisition of public land on November 6, 2019,” on the instant land.
E. From March 6, 2014, the instant land was used as national highways before the Plaintiff purchased each land listed in the [Attachment 1] Real Estate List (1].
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, video and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the determination on the cause of the claim, the Defendant occupied and used the instant land from June 2, 2014 to November 20, 2019 where the Plaintiff lost its ownership by acquiring the Defendant’s ownership, by constructing and managing the instant land as national highways.