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1. The defendant shall be the plaintiff.
(a) KRW 18,862,00 per annum from October 22, 2015 to May 25, 2016; and
Reasons
1. The premise of the determination (the part without any evidence marking by the Do) was divided into C land in Song-si, Song-si, the mother-si road of 0 Pyeongtaek-si (hereinafter referred to as the “instant land”).
Although there is no data to verify the land category at the time of the division and the time of the division, the title section of the certificate of closure registration of the land of this case can be seen as the situation where the land category was previously changed to “road” in 1926 when the original land category was previously changed to “the road.
(See 6 pages) On November 16, 1926, with respect to the land of this case 0, registration of preservation of ownership has been made in the name of the plaintiff's attached D on November 16, 1926.
0 The plaintiff completed the registration of transfer of ownership on the ground of family inheritance dated 17, 1947, which was made on November 13, 2002.
00. On the other hand, the land of this case was incorporated into the third line site of the national highways under the Joseon Road Order by the Joseon General Decree No. 956 of Dec. 1, 1938, by the Ship General Decree No. 956, and occupied the land of this case. The Republic of Korea was incorporated into the land of this case into the land of this case by the Presidential Decree No. 2845 of Dec. 27, 1966, and the land of this case into the land of wooden to New Line No. 5771 of Aug. 31, 197, and possessed and used it as the road.
0) Afterwards, Song-si began to occupy and use the instant land as a road management authority from June 16, 1986. On May 195, 195, the Defendant became the current defendant, combining Song-si, Pyeongtaek-si, and Pyeongtaek-si, and the Defendant comprehensively occupies and uses the said land as a road management authority until now by comprehensively transferring the above occupation of Song-si.
2. Determination
A. According to the above facts of recognition, the Defendant, who occupied the instant land in succession through the Republic of Korea, succeeds to the possession of the Korea-style shipbuilding division, which opened the national highway 3 on December 1, 1938, as the managing body of the instant land, and occupied the instant land without any legal cause after the construction of the said road. This means that the Defendant gains profit equivalent to the rent by occupying and using the instant land without any legal cause.