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1. The plaintiff's claim is entirely dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. On October 21, 1964, Busan Jin-gu, Busan, the ownership of which was transferred to D on October 21, 1964, and on September 12, 197, 1/2 shares were transferred to E.
D and E merged F, G, and H with the above C on September 24, 1977 (2,163 square meters after the merger) and divided them into 14 lots in total from C and I to J on November 10, 197.
Among them, the land category was changed to a road on November 10, 197 at the same time with the division on November 10, 197, and the remaining area of each divided land was at least 96 square meters, and the form was almost 8 square meters.
D. E sold the remaining divided land except the above K and J in 1977 and 1978, and the purchaser constructed a new building on the land around 1977 and 1978.
(See Attached Form). (b)
Of the land divided in C as above, the registration of ownership transfer was completed in sequence M on November 21, 1977, M on February 11, 1978 with respect to L 208 square meters among the land divided in C, and N was approved for use on May 10, 1978.
Among the land divided in the above C, a building is newly constructed on the ground of 218 square meters adjacent to the above L, and the approval for use was obtained on March 15, 1978.
Of these, 210 square meters were divided on March 22, 1978, and Qing field 210 square meters were divided into 425 square meters, and the building was newly constructed on Qing ground and obtained approval for use on May 23, 1978. On April 28, 1978, Qing field 210 square meters was divided into R, 96 square meters among Qing field 210 square meters.
Among the above L 208 square meters, approximately 73 square meters in front of the site in front of the above L 208 square meters, approximately 81 square meters in front of the above ground building among the 218 square meters in O 218 square meters, and R 96 square meters in relation thereto are the central part of the land before partition. Since the time when each of the above buildings was newly constructed, each building was used as the access road to each building and as the passage to surrounding land.
The part of this passage and the land of 14 lots divided by the above K and J roads before the above division shall be in full and around without the fluence.