소유권이전등기절차이행 등 청구의 소
1. The Defendant Republic of Korea acquired the prescription on March 3, 2001 with respect to the Plaintiff’s forest C, 304 square meters of forest land in Sungsung-si, Gyeonggi-do.
1. Facts of recognition;
A. The Plaintiff is an owner of the area of 807 square meters, F,446 square meters, G forest, 793 square meters, and H forest land of 513 square meters prior to Mari-si Dri (hereinafter “Dri-si”).
B. In the cadastral map, E land owned by the Plaintiff, H land, F land, JJ land, J 324 square meters, J 5,031 square meters prior to L owned by K (hereinafter “instant land”); and I and K-owned land are land adjacent to each of the instant land (hereinafter “each of the instant adjacent land”).
The instant land was restored on December 1, 2015.
C. The Plaintiff asserted that the land of this case is included in E land and H land owned by himself/herself, and thus, filed a request with the Governor of Gyeonggi-do to review the legality of the cadastral survey on February 2, 2015. On May 19, 2015, the Gyeonggi-do Regional Cadastral Committee decided on January 22, 2015 that the results of the survey were erroneous.
However, the Gyeonggi-do regional cadastral committee determined that there is no ground for recognizing that the instant land belongs to E and H land in the reasons for resolution.
On September 30, 2015 and November 29, 2016, the Plaintiff filed an application for correction of the area of the registered matters in the cadastral record with the Plaintiff on the ground that the instant land should be incorporated into the Plaintiff’s land E and H land, which is owned by the Plaintiff, and that the area of the registered matters in the cadastral record should be corrected in accordance with the substantive relationship. However, on October 8, 2015 and December 7, 2016, the Plaintiff returned the application on the ground that the land owned by the Plaintiff does not constitute the land subject to correction of the registered matters in the cadastral record.
E. Defendant Republic of Korea registered the ownership of the instant land in the forest land register on March 11, 2016 on the ground of cadastral restoration from December 1, 2015, and completed registration of preservation of ownership on October 20, 2016 in accordance with the procedure for acquisition of unregistered real estate.
[Evidence] Facts without dispute, Gap 1 to 31, Eul 1, 2, the purport of the whole pleadings
2. According to the purport of Defendant A32 through 36 of the Republic of Korea, witness M’s testimony and the entire purport of oral argument, the Plaintiff on March 2, 1981.