beta
(영문) 서울중앙지방법원 2020.10.27 2019가단5292777

손해배상(국)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The assessment was registered on December 25, 1917, and the C Forest was divided on April 8, 1924 and divided into D or E. Of them, D was subdivided on March 3, 1953 and divided into D and F or G. In the process, the area of D (hereinafter “instant forest”) in the cadastral record on D (hereinafter “instant forest”) was entered into two parts (1,983 square meters).

B. On October 5, 2015, the Plaintiffs purchased the instant forest and the instant land of KRW 820,000,000 in total (hereinafter collectively referred to as “instant purchase contract”) from H to October 5, 2015 and completed the registration of ownership transfer each of 1/2 shares on November 11, 2015.

C. On November 1, 2019, Asan City found that the actual area of the instant forest was 1,483 square meters, but the area was mistakenly indicated as 1,983 square meters, and on November 1, 2019, notified the Plaintiffs to apply for correction of the registered matters to the effect that “the instant forest area is to be corrected pursuant to Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data, and, in the absence of such application, it is registered as the subject to correction of registered matters.” (hereinafter “instant notification”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiffs’ assertion ① In around 1954, the cadastral officials affiliated with the Defendant Republic of Korea indicated the actual area of the instant forest as 1,983 square meters in the cadastral record, due to the mistake that the cadastral officials affiliated with the Defendant Republic of Korea failed to conduct a cadastral survey at the time of registration conversion into K, and thus, the land registration official affiliated with the instant forest was erroneously indicated on the cadastral record, and the cadastral officials affiliated with the Defendant Asan-si had approved such error in the cadastral record until 2019.

The Plaintiffs purchased the instant forest land from H around November 2015.