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(영문) 창원지방법원 2017.09.05 2016나54937

토지인도

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 1913, E was found to have been 356 square meters (1,177 square meters; hereinafter “instant land before the instant partition”).

B. On May 5, 1953, the land before the instant subdivision was divided into 271 square meters (896 square meters) and 85 square meters (281 square meters, hereinafter “instant land”) prior to G on the same day. On the same day, the land category of the instant land was changed from “B” to “forest”.

(The above contents were reflected in the land cadastre, but are not reflected in the register).

D On June 30, 1965, F. F. 271 square meters (hereinafter “instant transfer registration”) prior to the instant subdivision. The area is 356 square meters (1,177 square meters) as seen earlier. However, the said registration is “F” but the area is 271 square meters (896 square meters) with respect to “G’s land area” (hereinafter “instant transfer registration”) on the ground of the completion of repayment on July 31, 1955.

On November 3, 2001, the old registry (No. 4-2) on the registration of transfer of ownership of this case was closed in accordance with the Registration of Real Estate Act, and its contents were computerized on the new registry (No. 2-1).

(i) In other words, even item 1 of the above new registry title section, the lot number is described as F, but the size is not 356 square meters, but 271 square meters). (e)

On May 11, 2011, a registrar entered a new registry’s land size unit on the registration of transfer of ownership in the instant case into “land size” from the existing “ square meter” to “land size,” and erroneously converted the “271 square meter” into “1,177 square meter.”

[1] In the case of conversion into the Republic of Korea, “1,177 square meters” should have been “896 square meters. As seen earlier, “1,177 square meters” is the area of the land before the instant subdivision (356 square meters). (f) Although the land before the instant subdivision was divided into “G” and “C” on the land cadastre, the head of Musan District Court determined that only the land before the instant subdivision exists and that the entry of the land cadastre and the registration register is inconsistent with each other on May 6, 201.

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