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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 May 11, 1945, the land indicated in the separate sheet (the title of the administrative district was divided into B around 1, 1945, and thereafter, the title was changed to Cdong; hereinafter “instant real estate”) was determined and publicly announced as “E’s road site according to D’TTP notification D on March 23, 1937 during the Japanese colonial period.” On February 3, 1941, the implementation plan for the instant real estate was approved as the Daegu City Planning Project Implementation Plan, and the land category was changed to “road” on May 12, 1945.
B. Around May 12, 1945, the Plaintiff’s inheritance relation 1) was registered as the owner on the closed land cadastre, and died on June 15, 1950. G, a son of the networkF (Death on December 10, 1953) completed the registration of ownership transfer on the instant real estate on the ground of the family inheritance on May 17, 1951. Meanwhile, H, the president of the networkF, the South son of the networkF, died at around 1944, and I, the president of the network H, restored the family inheritance on November 22, 1955 through the confirmation of the inheritance recovery trial.
3) On December 29, 1987, I died, and, on March 19, 2014, the Plaintiff, the son of the deceased I, filed for the transfer registration on the ground of inheritance with respect to 30/35 shares of the instant real estate on March 19, 2014. (c) The Defendant’s possession relation is using the instant real estate as a road from May 12, 1945 to the present date after going through the circumstances described in the above A. (a). [Grounds for recognition] without any dispute, the Defendant used the instant real estate as a road from May 12, 1945. The purport of the entire pleadings, including the number of pages, and the purport of the entire pleadings.
2. The assertion and judgment
A. As to the Plaintiff’s assertion on the cause of claim, the Plaintiff acquired 30/35 shares of the instant real estate due to inheritance, and the Defendant occupied the instant real estate without permission. As such, the Defendant, from February 10, 2010 to September 30, 2015, totaling KRW 32,068,242, and damages for delay, as well as damages for delay, equivalent to the land rent already incurred from September 30, 2015.