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(영문) 광주지방법원순천지원 2016.06.23 2014가단73804

토지소유권확인의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 1961, the Plaintiff’s father B completed the registration of transfer of ownership with respect to C Forest land 64,729 square meters (hereinafter “C Forest land before division”) in opticalyang-si prior to partition. On May 9, 1966, D Forest land 17,058 square meters (hereinafter “D Forest land before partition”). < Amended by Act No. 1790, May 9, 1966>

B. (1) Of the 17,058 square meters of D forest land prior to the subdivision, 619 square meters of 17,058 square meters was divided into G on July 26, 1996; 485 square meters into Ma on January 3, 2003; 6,037 square meters into G on May 3, 2005; 165 square meters of G forest 6,037 square meters into H on October 28, 2010 and 2,566 square meters into I on October 28, 2010.

(2) Of the 64,729 square meters of C forest land before subdivision, 307 square meters were divided into J and Kro on March 29, 1983; 1,008 square meters into L and Mro on July 26, 1996; and 2,276 square meters into N andO on July 19, 2006; and C forest land 60,508 square meters were divided into P forest land on May 30, 2014 (hereinafter “P forest”).

C. (1) The Plaintiff completed the registration of ownership transfer on July 31, 1981 with respect to D forest land before subdivision.

After the division, the Defendant, on March 10, 1997, has maintained the ownership registration of F forest land of 485 square meters in the name of the Defendant on January 13, 2003 with respect to D forest land of 9,917 square meters (hereinafter “D forest”) on May 3, 2005, and on May 3, 2005, in the name of Qua and one other, for G forest of 3,306 square meters (hereinafter “G forest”) on October 29, 2010, each ownership registration for H forest of 165 square meters and 2,566 square meters is completed. The Plaintiff has only maintained the ownership registration for H forest of 165 square meters and 166 square meters.

(2) On October 24, 2003, the Plaintiff, et al. and four children of the network B, completed the registration of ownership transfer on the forest land C before division.

After the division, the registration of ownership transfer was completed in the defendant around 2007. D.

(1) P 임야와 바다 사이의 별지1 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅇ¹, ㅅ¹, ㅁ¹, ㄹ¹, ㄷ¹, ㄴ¹, ㄱ¹, ㄱ의 각 점을 순차로 연결한 선내 ‘가’부분 1,485㎡(이하 ‘이 사건 1토지’라 한다)의 현황은 밭이고, 같은 도면 표시 ㅎ, ㄱ, ㄱ¹, ㄴ¹, ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅇ¹, ㄹ,ㅁ...