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1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. E is a member of the Plaintiff, who died on April 22, 1951, and the Plaintiff is a member of E.
B. 1) F Return 3,249 square meters in Kimhae-si (the indication of Dong Ri shall be based on the current administrative district name).
hereinafter referred to as “one land before division”
(A) On August 2, 1911, G was assessed against G, and on April 20, 1921, the registration of ownership transfer was completed on the ground of sale as of March 20, 1921 to E on April 20, 1921. (ii) The land first was divided into the instant land No. 1 (132 square meters from the same paddy field to the road) and the instant land first divided into 3,117 square meters on October 20, 1927.
3) On March 11, 1947, the land of this case was transferred respectively to L on August 10, 1991, with the land of this case from H 3,117 square meters from E on March 11, 1947, from E to J on May 4, 1963, to K on August 28, 1981, and to L on July 10, 191. However, the land of this case was subject to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, hereinafter “Special Measures Act”).
In accordance with the above, E’s registration of transfer of ownership was completed on the ground of the gift made from May 20, 194 to the Plaintiff on the ground of the gift made from May 20, 1994. On the other hand, the land in question was divided from the original land on October 20, 1927, and the category was changed from the land in question to a road, and the land in question was used as a single road from around that time. The land in question was used as a road for the following reasons: 235 square meters, 231 square meters, P road, 337 square meters, P road, 225 square meters, Qua road, 307 square meters, 307 square meters, S road, 116 square meters, 172 square meters, and 172 square meters, respectively.
5) The instant land No. 1 is currently offered as a passage to the general public in the present packed state. C. The ownership of the instant land was transferred to E on March 29, 1930 on March 29, 1930.
2) On September 15, 1941, the land category of the second land prior to the subdivision was changed to a road from the land category of the second land in this case (205 square meters, and on the same day, the land category was changed to a road.
(3) The above Kimhae-si 23 square meters and X 4,205 square meters are divided into 30 square meters and X 4,205 square meters. (3) The above Kimhae-si 23 square meters and X 4,205 square meters.