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(영문) 서울중앙지방법원 2020.09.09 2019나64305
토지인도 등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The C-O No. 1,298 (the administrative district of the land at issue in this case is the same as the above, and the name of the administrative district is omitted when indicating the land in this case) was divided into P-O No. 1,259, P-P No. 27, Q. 12 on June 28, 1931. The R-R No. 227 was subdivided into R No. 165 on November 15, 1925, S No. 40, T-P 22 on November 15, 1925.

(C) The land category of P was changed to a road on July 30, 1931 (hereinafter “instant land”). On November 30, 1925, the land category of P was changed to a road (hereinafter “instant land”). Since then, the land category of P was changed to a road on November 30, 1925 (hereinafter “instant land”) and following the conversion into the area and division, the land of this case was 89 square meters in P road and the land of this case 2 was 83 square meters in S road.

B. On October 24, 1934, the plaintiffs' prior-to-land L, which purchased the first and second lands of this case (hereinafter referred to as "each land of this case") and completed the registration of ownership transfer on October 26, 1934.

(hereinafter referred to as “registration of this case”). (c)

L A 250614/69/698139, Plaintiff B 89505/698139, Plaintiff C 125658/698139, Plaintiff D 26910/698/698/698139, Plaintiff E372/698139, Plaintiff F40560/698139, Plaintiff G27040/698139, Plaintiff H27040/698139, Plaintiff H270/698139, and Plaintiff I 270/698139 through succession. The Plaintiffs completed the inheritance registration with respect to the land of this case, but did not complete the inheritance registration of this case.

Each land of this case is located above K, a second line road incorporated into the Department of the National General National Highways, and is used for the passage of the general public.

E. The amount equivalent to the rent for each of the instant lands during the period from August 25, 2013 to March 31, 2019 shall be as specified in attached Form.

2. The description;

[Ground of recognition] Facts without dispute, and evidence Nos. 1, 2, and 3 are numbers.

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