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(영문) 춘천지방법원 2015.08.12 2014가단7806

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found as a whole in the statements in Gap evidence Nos. 1, 2, and 3-1, 2, and 8-17. A’s whole purport of the pleadings.

On June 29, 198, the Plaintiff completed the registration of ownership transfer with respect to D forest land 25,587 square meters in Chuncheon-si, Gangwon-do prior to the division.

B. B. Before the subdivision, Gangwon-do Special Metropolitan City D Forest land 25,587 square meters was successively divided, and the final subdivision was made on September 25, 2013, and was divided into 23,027 square meters of Do Forest land in Chuncheon-si, Gangwon-do (hereinafter “Plaintiff land”) and 495 square meters of Do Forest land in Chuncheon-si, Gangwon-do.

C. On June 11, 1970, the Defendant completed the registration of ownership preservation with respect to C Forest land C, 1,884 square meters prior to the division, in Chuncheon-si, Gangwon-do.

On April 3, 1991, the area of 1,844 square meters of C Forest in Cheongcheon-si, Gangwon-do prior to subdivision was divided into 1,458 square meters of C Forest in Chuncheon-si, Gangwon-do (hereinafter “instant industrial land”) and 426 square meters of the F Forest in Chuncheon-do, Gangwon-do.

E. The land in the dispute of this case is directly adjacent to the land of the plaintiff, and its form is as indicated in the annexed forestry map (Evidence A No. 3-1).

In addition, the form of the boundary line is not in the form of straight line as shown in the annexed forestry map, but the land in the dispute of this case is protruding towards the land of the plaintiff.

F. The form of the boundary line is the same as the current status at the time of Japanese occupation (see the old forestry map in Evidence A No. 8).

G. In the instant dispute land, three graves are installed, such as the result of surveying the current status of the land in the annexed sheet, and the tree 4gs are planted.

Among them, two graves are non-permanent graves.

2. Judgment on the plaintiff's claim

A. The plaintiff alleged that the land in this case, which appears to be one land adjacent to the plaintiff's land after the purchase of the plaintiff's land, is known to have been purchased, and the village residents G within the land in this case have to install one grave, planting trees, etc., and occupied and used the land in this case for peaceful performance with their own intent to own and own the land in this case.