공유물분할등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 7 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings:
The Defendant purchased 500 square meters (hereinafter “instant land”) prior to the beginning of the Silcheon District Court at the Seocho-si D auction procedure.
B. In the above auction procedure, the appraisal of the area on the registry (500 square meters) and the area on the land cadastre (1,062 square meters) were inconsistent, and the lowest bid price was determined based on the appraisal value.
C. Meanwhile, the registration of ownership transfer due to the restoration in the name of the networkF (hereinafter “the network”) has been completed with respect to the land of 400 square meters prior to Sinsi-si E (hereinafter “the instant land”), and the registration of ownership transfer due to the sale in the name of the deceased was completed on March 24, 1965 regarding the land of 10 square meters prior to Sinsi-si G (hereinafter “the instant G land”).
The actual area of the instant land is 3,511 square meters.
2. The gist of the Plaintiff’s claim was the land of approximately KRW 100 square meters, which was originally owned by the network H.
However, the deceased H consulted with the deceased, the father of the plaintiff, to sell 500 square meters of the above land, and sold each of the instant land E and G land after dividing the instant land around January 5, 1953. Since then, the registration of subdivision in the name of the deceased was completed on each of the above land.
However, with respect to the instant land E and G land, the land whose cadastral record was destroyed because its land cadastre was not prepared by mistake, constitutes “land whose cadastral record was destroyed” but, in fact, each of the instant land constitutes the remainder other than 500 square meters that the Defendant acquired from the auction procedure.
On the other hand, the plaintiff inherited the deceased alone.
Therefore, the Defendant, as the owner of the instant land, indicated in the Appendix No. 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, among the instant land.