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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;
A. On September 14, 1964, the Plaintiff completed the registration of ownership transfer on the ground of Australia inheritance, which was July 8, 1958, with respect to the land B B, 3,039 (hereinafter “the mother land of this case”). On January 11, 1973, the mother land of this case was divided into C, C, 2,996 and D, 43 square meters (hereinafter “the road of this case”). On February 6, 1974, C, C, 2,996, C, 979, E, 9, F, 5, and G 3 square meters (the first E, F, and G were registered as owned by the Plaintiff even if the land category was changed to the road of this case), C, 2,996, and C, 3 square meters (the first E, F, and G were divided into P, C, 1974, and C, 1975 and C, 197).
B. ① The C Miscellaneous land 2,879 was divided into 184 square meters of C site, 184 square meters of I Miscellaneous land, 45 square meters of J Miscellaneous land, 30 square meters of K Miscellaneous land, 30 square meters of L Miscellaneous land, 30 square meters of M Miscellaneous land, 700 square meters of N Miscellaneous land, 403 square meters of O Miscellaneous land, 277 square meters of P Miscellaneous land, 345 square meters of Q Miscellaneous land, 360 square meters of Q Miscellaneous land, 189 square meters of S Miscellaneous land, 146 square meters of T site, and the Plaintiff sold each of the above land to a third party immediately after the aforementioned division.
(O) Only the Plaintiff’s land opened a private road for the purpose of selling the land, and the ownership of the remaining land has been changed on December 1974 and April 1975). ② On October 21, 1974, 100 H miscellaneous land was divided into 60 square meters (transfer of ownership to U on April 25, 1977) of H site 60 square meters (transfer of ownership to U on November 3, 1976) and 40 square meters (transfer of ownership to W on November 3, 1976) of V site.
③ As a result, the remainder of the land excluding the roads (the roads of this case, E, F, G, andO) among the maternity land of this case was sold to others immediately after the division and land category change.
C. On the other hand, when part of the mother land of this case was determined as a prospective road site around October 1971, the Plaintiff divided the road of this case and sold the remaining land as above around 1974, and the road of this case was changed into a package around 1973 after the road of this case was constructed, and the land category was changed to a road on October 7, 1981.
The road of this case.