소유권이전등기
1. The part of the plaintiffs' claim for the execution of the procedure for ownership transfer registration among the lawsuits of this case is dismissed.
2. The defendants are the defendants.
1. Part demanding an expression of consent to the application for correction of the registered matters;
A. Basic facts 1) 472,661 square meters (the area on the cadastral record and the register shall be the area on the register) of Cheongbuk-gun, Cheongbuk-do.
The forest of this case (hereinafter referred to as “instant forest”).
(2) The Korea Cadastral Survey Corporation, which was entrusted by the Plaintiff with the survey and appraisal of the instant forest, has been registered on the cadastral record with the area of the instant forest as 472,661 square meters. However, as a result of the survey, the actual area is 469,634 square meters, the Plaintiffs and the Defendants were entitled to conduct a cadastral survey after the above error was corrected in the cadastral record.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 3, and 7 (including each number), the purport of the whole pleadings
B. Article 84(1) of the Act on Land Survey, Waterway Survey and Cadastral Records provides that “If a landowner finds that any error exists in the registered matters in the cadastral record, he/she may apply for the correction thereof to the competent cadastral authority.” In this context, “land owner” means all of the land in question where the land is jointly owned, and on the other hand, co-owner of the land bears the duty of mutual cooperation in the preservation and management of the jointly owned
According to the above facts, in the cadastral record as to the forest of this case, there are errors in matters concerning the area as above, so the defendants, co-owners of the forest of this case, are obligated to express their intent of acceptance with respect to the application for correction of area on the cadastral record as to the forest of this case according to the mutual cooperation duty in the preservation and management
2. We examine ex officio the part of the claim for the execution of the procedure for ownership transfer registration ex officio, and as claimed by the Plaintiffs, the registration procedure for ownership transfer on the ground of the termination of mutual title trust with respect to the specific part of the land in one parcel jointly owned by the Defendants.