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(영문) 의정부지방법원 2015.11.26 2015나2295

지적도경정동의청구

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In the judgment of the court of first instance, the defendants correct each boundary line of Goyang-gu J, K, MJ, NJ., Goyang-gu, Yangyang-gu.

Reasons

1. Basic facts

A. In order to sell part of the area of 4436 square meters prior to Soyang-gu P, Seoyang-gu P to Q and R on February 10, 2003, the O divided the area of 660 square meters prior to I and 660 square meters prior to J with a view to selling it to Q and R.

B. Q completed the registration of ownership transfer on the basis of sale on January 24, 2003 with respect to the area of 660 square meters, which was 660 square meters prior to Sejong-si I on March 21, 2003, and R completed the registration of ownership transfer on the basis of sale on July 28, 2003 with respect to the area of 660 square meters prior to J on June 22, 2003.

C. Q divided part of the area of 660 square meters, which was 660 square meters prior to the establishment of the Gyeyang-gu Seoul Metropolitan City I into the Defendant C on January 7, 2004 in order to sell it to the Defendant, and divided the area of 285 square meters prior to K and the area of 90 square meters prior to L, in order to sell it.

(I) On the same day, the category of land in K is the site, and the category of land in L is changed to a road. The above I land after division and land category change is referred to as “the first site,”; the above K land as “the second site”; and the above L land as “the first road”;

D. C has completed the registration of ownership transfer based on sale on January 5, 2004, with respect to all site No. 2 and one-half of the first road on February 9, 2004.

E. On June 3, 2010, the Plaintiff purchased the entire site No. 1 and 1/2 shares of road No. 1 and completed the registration of ownership transfer on June 14, 2010 in the case of Goyang-gu District Court Goyang Branch T compulsory auction, etc.

F. On March 30, 2004, R was divided into M 285 square meters and 90 square meters prior to J, Gyeyang-gu, Seoyang-gu, Seoyang-gu, J on March 30, 2004.

(S) On April 6, 2007, the land category of 285 square meters was changed to a site. The land category was changed to a site on January 20, 2012 before J. 285 square meters; hereinafter “No. 4 site”). The land category of 90 square meters before N was changed to a road on March 30, 2004; hereinafter “No. 2 road”). U.S. completed the registration of transfer of ownership on May 26, 201 with respect to 1/2 shares and 3 land among roads on June 30, 201, and D completed the registration of transfer of ownership on each of the above land on September 14, 2012 due to sale on July 8, 2012.