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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Yeongdeungpo-gu Seoul Metropolitan Government Cbu 1,980 was owned by D, and the Cbu 1,980 was divided into 42 parcels, E, etc. on April 26, 1965 at D’s request, and the E was divided into 27 parcels, including Fbu 64 square meters, from May 11, 1965.
B. On September 1, 1985, the Seoul Yeongdeungpo-gu Seoul Metropolitan Government FJ 64 square meters (hereinafter “instant land”) became one of the administrative districts and lot numbers change after September 1, 1985.
C. The instant land was inherited to G, H, and I on May 2, 1974, and the Plaintiff purchased 5/11 out of the instant land as a public sale on September 17, 2014 and completed the registration of ownership transfer as the receipt No. 38842 on September 17, 2014.
이 사건 토지는 “ㅗ” 모양의 좁고 길게 뻗은 형태이고, 서울 영등포구 J 및 K 대지 등 그 주변 대지에서 L 도로에 이르는 통행로로 이용되고 있는데, 위와 같은 이 사건 토지의 형태 및 주변의 모습은 분할 전부터 지속된 것이다.
E. The Defendant decided on January 24, 1964 as the road for urban planning facilities on the instant land, but did not implement the project on the grounds of finance, etc.
【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 2, Eul's Nos. 1 through 6 (including all virtual numbers), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the plaintiff's land of this case was determined as a road which is urban planning facilities on January 24, 1964, and was incorporated into a road, and thereafter, it occupied and used without title until now.
Therefore, the Defendant is obligated to pay rent of KRW 368,170 per month to the Plaintiff from September 17, 2014 when the Plaintiff acquired the instant land to the date of the Defendant’s closure of the road or the Plaintiff’s loss of ownership.
B. The original owner of land 1 gives part of the land to a road site without compensation, and waives his exclusive and exclusive rights to use and benefit therefrom, and accordingly the residents have passed the land without compensation.