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The defendant shall pay to the plaintiff KRW 2,988,967 as well as 5% per annum from September 16, 2020 to February 25, 2021.
Reasons
1. Basic facts
A. Korea purchased from F on June 24, 1972, 3,445 square meters (hereinafter “land before the instant partition,” and the land located in the same Ri shall be specified only once on the land before the instant partition, which is owned by F, in order to use it as a military shooting range, and completed the registration of the transfer of ownership on January 1, 1972.
B. However, the land prior to the instant partition was not used as a military shooting range, and was used as a settlement site for a refugee due to the disaster, etc. on June 11, 1994, and the Ministry of National Defense under the Republic of Korea divided the land into 337 square meters, G 165 square meters prior to H, G 165 square meters prior to H, G 130 square meters prior to J, G 329 square meters prior to J, and 341 square meters prior to K, L, 371 square meters prior to L, 815 square meters prior to M, and 253 square meters prior to N. (hereinafter “each land after the instant partition”). The land in this case was used as a passage of neighboring land, such as the remaining land, after the instant partition.
(c)
On the other hand, F did not use each land after the division of this case, including the land in this case, as a military shooting range which is the purpose of purchasing the Republic of Korea. On February 28, 1996, F completed the registration of transfer of ownership on September 10, 196 as to each of the above land.
(d)
Since June 21, 200, F sold the instant land to H, I, J, K, K, L, M, and N, and completed the registration of ownership transfer on June 30, 200, including the instant land, after the instant partition to theO on June 21, 200. TheO donated each of the instant land to P on June 13, 2007 and completed the registration of ownership transfer on June 14, 2007. The Plaintiff subsequently sold each of the instant land during the discretionary auction process on May 14, 2014, and completed the registration of ownership transfer.
E. The Defendant, prior to the Plaintiff’s sale of the instant land, has provided the passage of neighboring general residents while managing the instant land by implementing concrete packaging works.
【Ground of recognition】