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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
가. 피고는 1973. 10. 12. 분할 전 서울 은평구 C 대 615㎡(이하 ‘이 사건 분할 전 토지’라 한다)에 관한 소유권이전등기를 마친 다음, 1982. 9. 28. 이 사건 분할 전 토지를 ㉠ 분할 후 C 대 44㎡, ㉡ 주문 기재 도로 141㎡(이하 ‘이 사건 도로’라 한다), ㉢ D 대 187㎡, ㉣ E 대 243㎡으로 각 분할하여 분필등기를 마쳤고, 이로써 사건 도로의 한 쪽 편에 ㉠ 대지가 위치하고, 다른 한 쪽 편에 ㉡, ㉢ 대지가 위치하게 되었다.
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, the Defendant, around July 11, 1995, made a public announcement to the owner of the site: (i) the owner of the site; (ii) the owner of the site; and (iii) the owner of Q Q and R of the site paid each compensation to each owner of the site; and (iv) the construction of the site and the road of this case was completed at the time of each consultation.
Meanwhile, on April 26, 200, the Defendant combined the site with S Road. Accordingly, the instant road is continuously offered to the general public with the said S Road, and it is divided from the instant land before the instant partition to the date of closing argument.