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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C completed the registration of ownership preservation on May 10, 207, after completing the building on the ground of the first and fourth floor E-building (hereinafter “E building”) on May 10, 2007 in Namyang-si, Nam-si (hereinafter “E building”), and the Defendant purchased from C the building on May 16, 2007 (hereinafter “instant building”) and operates a financial business against the general public after completing the registration of ownership transfer on the ground of sale and purchase as of May 16, 2007.
B. C initially constructed the said building on five lots, such as the said building size of 126 square meters, F, 161 square meters prior to G, H 161 square meters, H 96 square meters, and I miscellaneous land of 83 square meters, which were used as the site for the building, and divided the remaining part into D and divided into the land for the building, and the remaining part of the building was incorporated into the road, respectively.
C. Accordingly, on January 17, 2006, the land of this case was divided into 55 square meters in J-type I miscellaneous land, and this was again divided into 25 square meters in K-type land on May 23, 2007, and the present J-type land (hereinafter “instant land”) remains 30 square meters. As above, the said I and K divided into the roads, but the instant land was included in the initial urban planning, and was not finally incorporated into the road.
The instant land is located at the entrance of the instant building in a three-dimensional shape, and is connected with a contribution of the size of eight square meters wide in front thereof, and is not allowed to enter the instant building without passing through it. There is a section in which delivery is viewed as a package stone in the part adjacent to the E-building, and the instant land is also included in the said section, and at the edge of the instant land (the “(i)” part of the attached drawing, an advertising tower was installed at the place of business located in the E-building.
E. However, the Plaintiff: (a) the land divided for the purpose of incorporating the instant land, including the instant land, from Jeonnam-do, into a road as seen above; (b) M/M road 2 square meters; and (c) 3 square meters and 0.