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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. The Plaintiff completed the registration of ownership transfer on November 28, 1973 with respect to the 8 square meters in Mapo-gu Seoul Metropolitan Government Mapo-gu 3,025 square meters (hereinafter “E site”) on October 31, 1973, on the ground of the sale on October 10, 1973 with respect to the 8 square meters in Mapo-gu Seoul Metropolitan Government Mapo-gu Mapo-gu 26 square meters (hereinafter “the instant land”). The Plaintiff completed the registration of ownership transfer on October 28, 1973 with respect to the 915 square meters in Mapo-gu Seoul Mapo-gu Mapo-gu Ma (hereinafter “E site”) on the ground of the decision to grant the successful bid at the Seoul Seoul Civil Aviation District Court on October 31, 1973.
B. On December 5, 1960, the instant land and E site were divided into the land divided into approximately 1,841 Seoul Mapo-gu Seoul Mapo-gu Seoul (hereinafter “the land before division”). With respect to the said land before division, the Seoul Metropolitan Government reported on October 31, 1960 that the said land was divided into the instant land and E site (in the first division, the land was divided into approximately 1,833 square meters, and later divided into the G site) and was divided into the instant land and E site (the G site was divided in sequence after the first division into approximately 1,833 square meters in Seoul Mapo-gu).
C. From August 28, 1976, the Plaintiff sold part of the shares to the owners of H apartment and non-Dong, which were constructed on the above site on the ground of H apartment, and thereafter, the right to site of the aggregate building (multi-unit building) was established on the above site.
The land of this case is currently being used as a passage road and road for the neighboring residents, and the defendant occupies and manages the land as a road or a road in fact by packaging the asphalt package and a road.
Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 4-1 through 3, Gap evidence 5-1 through 3, Gap evidence 6-1 through 3, Eul evidence 1, Eul evidence 2-1 through 3, Eul evidence 2-1 through 3, and Eul evidence 4 through 6;