2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On September 30, 2007, the Plaintiff purchased the land in Yong-gun C, and D (hereinafter referred to as “each of the instant lands”; among them, D’s purchase price of KRW 34 million in total; and completed the registration of ownership transfer as to each of the instant lands on November 9, 2009. At the time of the said sale contract, the area of each of the instant lands was written as KRW 535 square meters (C) and 588 square meters (D).

B. The registry on the instant land was restored on January 5, 1966, and was recorded in the book ledger used as the land cadastre at the time, and was recorded in approximately KRW 178 square meters in the book ledger used as the land cadastre and kept registered as the above area even after the cardized and computerized land cadastre was made according to the revision of the Cadastral Act.

C. The registration of destruction and recovery of each land of this case was completed on April 24, 1954 on the status of change in the size of title section in the real estate registry, and the size of the land of this case was stated in the title section in 150 square meters.

After that, E who purchased the instant land filed an application for the registration of ownership transfer with respect to the said land, and filed an application for the correction of the area of the real estate registry as the area registered by the land cadastre. Accordingly, on April 17, 1985, the area on the registry on the instant land was corrected to 178 square meters, and was later converted into 588 square meters according to the change in the area unit on the same day.

On July 2013, Defendant Young-gun notified the Plaintiff of the fact that there is a difference between the area registered in the cadastral map and the area registered in the land cadastre of the instant land, and thus, the registration and management of the land subject to correction of registered matters under the Act on Land Survey, Waterway Survey and Cadastral Records. On April 10, 2014, the area of land cadastre was corrected to 380 square meters, and accordingly, on April 11, 2014, the area of the instant real estate registration injury was corrected to 380 square meters.

[Ground of recognition] A.