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(영문) 수원지방법원 2016.02.04 2015가합63186
지적측량및등록사항 정정승낙의사표시의소
Text

1. The Defendants correct the registered area of 3,120 square meters on the cadastral record of 3,390 square meters of forest land in Osan-si, Osan-si.

Reasons

1. Basic facts

A. The Defendants shared a 3,390 square meters of the J and Osan City I forest (hereinafter “the instant I forest”) and 935 square meters of the K forest in Osan City adjacent thereto (hereinafter “instant K forest”). However, when converting the instant I forest and the instant K forest into the area of 61.6/7,835 square meters among the instant I forest and the instant K forest, the Defendants converted into the area of 286.25 square meters among the instant I forest and 286.95 square meters, and 365.2 square meters in total among the instant K forest and 78.95 square meters.

B. Defendant H and J filed a lawsuit seeking land division under the jurisdiction of Suwon District Court 2010Kadan66497, which did not reach an agreement with the remaining Defendants on the division of the instant I forest and the instant K forest. On December 10, 2010, the said court rendered a decision to recommend a settlement by dividing the sum of 222 square meters and 365 square meters, among the instant I forest and the instant K forest, into J, and then dividing the sum of 222 square meters and 143 square meters, among the instant I forest and the instant K forest, which became final and conclusive around that time.

C. On August 28, 2012, while the J et al. failed to change the cadastral record and implement the registration procedure, the Plaintiff purchased shares of 661.6/7,835 of the J-J on the instant I forest from the J on August 28, 2012 and completed the registration of share ownership transfer under the receipt of the Sungwon District Court 124293 on the same day. On February 7, 2014, the Plaintiff was granted the assignment of the execution clause on the decision of recommending reconciliation, and submitted a cadastral surveying execution plan (revision) to divide the instant I forest to divide the instant I forest. However, on April 9, 2014, the Plaintiff was notified from the said Corporation that the area of the instant I forest could not be conducted until the error was corrected.

The instant I Forest is registered as 3,390 square meters in the cadastral record, but the actual area is 3,120 square meters in the cadastral survey result, and the Defendants did not cooperate with the application for correction of the registered matters in the cadastral record.

[Ground of recognition] Defendant C, D, E, and G: Each number is the fact that Defendant B, F, and H have no dispute, and each number is included in the evidence of subparagraphs A1 through 5.

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