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(영문) 춘천지방법원강릉지원 2017.11.07 2016나51573
토지인도
Text

1. The plaintiff's primary and conjunctive claims that are changed alternatively in this court are all dismissed.

2. Action.

Reasons

1. Basic facts

A. On October 2, 1974, the Defendant completed the registration of preservation of ownership with respect to the 1st, 1st, 7th, and 1st, 1,000 forest land B (hereinafter “B forest land before the cadastral correction”). On August 30, 2006, part of the above forest land is divided into C forest land (hereinafter “C forest”) and currently B forest area is 78 square meters (hereinafter “B forest”) and C forest area is 3376 square meters.

B. On April 2, 1976, E, the owner of Gangwon-gun D forest, submitted a written application to the effect that the land register of the F forest located near his own land (hereinafter “F forest before the cadastral correction”), G forest, and B forest before the cadastral correction was corrected. Accordingly, on April 2, 1976, the land register of the F forest before the cadastral correction was changed, as shown in attached Table 4.

C. In the process of changing the cadastral point as above, part of the F forest before the cadastral correction was incorporated into B before the cadastral correction, and as seen earlier, as the forest land B before the cadastral correction was divided into B forest and C forest, the incorporated portion also became divided into B forest and C forest and land.

Of the incorporated parts, the part belonging to B forest land is the area of 356 square meters in the ship connecting each point of (i) and 356 square meters in sequence of the annexed drawing indication 2, 3, 4, 5, 6, 7, 8, 9, and 2, and the part belonging to C forest land is the area of 1, 2, 9, 8, and 1 of the annexed drawing indication 1, which is the area of 1092 square meters in sequence.

[1] (hereinafter referred to as "land in dispute"] D in the aggregate of (b) parts

The Plaintiff completed the registration of initial ownership of F forest on July 28, 1979, which was after the cadastral correction was made as above. On August 4, 1979, part of the said forest was divided into H forest and sold after dividing it into H forest and then the area of the current F forest is 2808 square meters.

E. Around 2013, the Defendant respectively installed a water tank room on the ground and a steel tank on the ground in the instant dispute land, which belongs to the forest and fields C.

【Unsatisfied facts, Gap evidence Nos. 1, 2, 3, 5, 6, 7 (including each number; hereinafter the same shall apply) and Gap evidence No. 2.

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