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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C B was divided from C to C 230 square meters on March 4, 1929 (Fire 4 years), and B was divided from C to 230 square meters on March 4, 1929 (Fire 4 years). B was changed from the same day to the road, and the land category was changed on the same day, and was deleted from the land value column of the old land cadastre. Since then, the instant road became the road of this case through conversion, etc. into the area (the location was attached thereto).
See cadastral map. 2) On June 15, 1940 (Fire 15 years), the land category of the above land was changed to a road.
B. The ownership of the instant road and D & E was transferred to F on December 4, 1939, and the ownership was transferred to G and 3 others on January 30, 1970. (2) The Plaintiff completed the registration of ownership transfer on August 21, 1985 with respect to the instant road and E roads, the Daegu District Court, Ulsan District Court No. 8576, August 30, 1985.
3) The Plaintiff completed the registration of ownership transfer with respect to H on September 4, 1985. On September 23, 1985, the Plaintiff was divided into D with 332 square meters from D on September 23, 1985, and the remaining D was merged with H and its land was cancelled once. C. The Defendant’s J and K’s consultation 1) was divided into L with 271 square meters and became H.
H was merged with M on November 30, 1985, March 3, 1987, with M, on which H was 1086 square meters in size.
On August 28, 199, the public land was divided into 267 square meters and J was established. The defendant completed the registration of transfer of ownership on the ground of consultation on the public land on December 23, 2000 with respect to J 267 square meters.
2) It was divided into 332 square meters and 83 square meters prior to I, and K was established. The Defendant completed the registration of ownership transfer on the public land of 83 square meters prior to K due to the consultation on December 23, 200 with respect to the public land of 83 square meters prior to K. D. Construction work of road expansion 1) The Defendant performed a loan expansion and packing construction on around 1977, while completing the registration of ownership transfer on the O road of 109 square meters divided into 330 square meters prior to N., on January 10, 197, due to the consultation on the acquisition of the public land of 195 square meters, and the acquisition of the public land of 169 square meters divided into 19 square meters prior to P. 195 square meters.