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(영문) 울산지방법원 2018.09.13 2017구합5106

지적확인

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case history

A. The registration was made on August 30, 1918 in the cadastral map of Ulsan-gu, Ulsan-gu, Incheon-do (hereinafter “instant land”) on the ground that it was not revealed on April 22, 1931, and registered in the cadastral map overlapping with the land map of 6,221 square meters prior to T, on the ground that it was not revealed on April 22, 1931.

B. The land of this case was purchased on October 10, 1965 by U and became its owner. Since U died, the land of this case was inherited in sequence to the plaintiffs who were their descendants, and were owned by the plaintiffs according to their respective shares of inheritance.

C. On November 201, 2014, Plaintiff F applied for issuance to the Defendant of the Land Use Planning Confirmation Board, and on December 5, 2012 of the same year, the Defendant sent a reply to Plaintiff F to the effect that “it is confirmed that there is no land lot number on the land in a continuous cadastral map,” with respect to the instant land.

On April 6, 2015, the Defendant issued the instant land to Plaintiff F, etc. on April 6, 2015.

The Act on Land Survey, Waterway Survey and Cadastral Records and the Enforcement Rule of the same Act notified the purport that it shall be managed as "land subject to correction of registered matters" due to duplicate registration in the cadastral map as described in the paragraph.

E. On November 21, 2016, the Plaintiffs filed a civil suit against the Defendant with the Ulsan District Court on the following grounds:

S

F. The U.S. District Court issued an order of correction to clarify whether the above claim is an administrative litigation or a civil litigation. The Plaintiffs withdrawn the conjunctive claim from the above claim on December 15, 2016, and the U.S. District Court transferred the instant case to the U.S. District Court Administration on December 27, 2016.

G. On March 15, 2018, the Plaintiffs: (a) placed the existing claims on March 15, 2018 and sought the following amended claims:

1.(b)

The purport of the claim was modified to add the claim for return of unjust enrichment against the Defendant, such as the “paragraph”.

(The filing of an objection is the purport of the instant case stated in the above claim column). The amended purport of the claim

1. The defendant does not belong to the plaintiffs.