[토지소유권확인등청구사건][고집1977민(2),210]
Whether or not the land boundary in the cadastral map has been erroneously registered, or whether or not the competent agency has obstructed and applied the relevant cadastral record, and whether the lawsuit for interim confirmation is legitimate as to whether or not the issuance of all certificates to the land has been suspended.
Whether or not the land boundary in the cadastral map seeking confirmation is registered as an error in the cadastral map or whether or not the competent authorities block and control the cadastral record and suspend the issuance of all certificates of the obstructed land is a factual relation, and even if the land boundary indication in the cadastral map was erroneous, it does not cause a change in the boundary of the land ownership, and thus, it cannot be deemed that the above matters are a prior relation in determining the legitimacy of the claim seeking confirmation of the land ownership, since it does not change in the boundary of the land ownership.
Article 237 of the Civil Procedure Act
Supreme Court Decision 65Da2172 delivered on December 28, 1965 (Supreme Court Decision 1643Da1643, Decision No. 226(13)920 of the Civil Procedure Act)
Plaintiff
School Foundation of Korea National Institute of Medical Sciences
Busan District Court (76Gahap755)
1. The plaintiff's intermediate confirmation added in the trial shall be dismissed;
2. The appeal is dismissed.
3. The costs of appeal shall be borne by the plaintiff.
1. Claim of a principal claim: He can confirm that the part part of the attached Form 1, which is the part adjacent to the 219 site of the same 219 site among the 41-391 large 1,83-6 Hobbe, Jung-gu, Busan, and the part which is the part which is the part which is the part which is the part which is the part which is the part which is the 19 site of the same 219 site among the 6bbebbes, and that the above 41-219 site is the part which is the part which is the part which
Litigation costs shall be borne by the defendant.
2. Claim of a lawsuit for interim confirmation: The line connecting each point in the cadastral map with 41-219 and 41-391, which is a boundary in the cadastral map of Jung-gu, Busan, and 41-391, shall be closed until the correction is made in the cadastral map, and the validity thereof shall also be suspended.
Litigation costs shall be borne by the defendant.
(In the case of intermediate confirmation, the plaintiff added it at the trial)
The original judgment shall be revoked and the purport of the original judgment in the principal lawsuit.
1. First of all, we examine the legality of the non-party of the intermediate confirmation of this case ex officio.
As the cause of its claim for confirmation, the plaintiff was originally one parcel of land at the same time, which is the same as 41 21-219 p.m. which is the plaintiff's own, and 391 p.m. which is the defendant's own adjacent thereto. The boundary line at the time of dividing it into Busan Central Office, which is the competent agency of Jung-gu, Busan. Despite the fact that the boundary line at the cadastral map is the central line between the two points, it is erroneous that the boundary line at the cadastral map is connected with each point at the cadastral map 2 drawing, and the error registration at the cadastral map at the cadastral map at the same time is not an error in the cadastral map at the cadastral map at around 1972, and the competent agency notified 7 interested parties of the fact that the error registration of the cadastral boundary was discovered in the cadastral map at around 1972 and urged them to implement the procedure for correction of the boundary line, but the boundary dispute at the competent agency, which denies the ownership of the land and so, even if the land cadastral map at issue still becomes invalid.
2. The following claims shall be examined:
Pursuant to the contents of No. 6 of the above-mentioned No. 1-219 to 40 square meters, the above-mentioned No. 41-40 square meters, which were originally owned by Nonparty 1, was registered as owned by the defendant 41-391 to 1,833 square meters, and the part at 5-391 to 5-391 to 41 in the part at 41-391 in the annexed drawing No. 1, there is no dispute between the parties, and according to the contents of No. 6 of the above-mentioned No. 1-219 to 40-40 Hobbe, which was originally owned by Nonparty 1, the same 1 was divided from No. 30-144 forest land, which was originally owned by Nonparty 1, 1970, after the ownership transfer registration was made to Nonparty 2 and three others on August 24, 1974, there is no other evidence to recognize that the ownership transfer registration was made for the plaintiff's share.
However, in light of the above facts as the cause of claim by the plaintiff 1 and the above 41-219 copies of the above 41-1-21-3-1-2-2-6-2-6-2-3-2-1-2-3-1-2-6-2-6-2-2-3-1-2-3-1-2-3-4-2-6-2-3-2-1-2-1-2-1-2-2-1-2-3-1-2-3-2-4-2-4-2-6-2-3-2-4-2-1-2-1-2-1-2-1-2-1-2-4-2-4-2-1-2-3-2-3-2-4-2-1-2-3-2-3-2-4-4-6-6-6-2-1-2-3-3-3-3-4-2-1-2-3-3-3-4-3-
3. Conclusion:
Therefore, the court below's dismissal of the plaintiff's claim against the plaintiff on the ground that the lawsuit for interim confirmation added by the court below is unlawful, and it is reasonable to dismiss the plaintiff's claim against the plaintiff on the ground of this conclusion. Thus, the court below's dismissal of the plaintiff's claim against the plaintiff on the ground of this conclusion is just, and the court below's dismissal of the plaintiff's appeal against it is decided as per Disposition
Judges fixed right (Presiding Judge) Kim Jong-sung