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(영문) 의정부지방법원 2016.11.18 2015나55404
소유권확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On May 30, 2012, the Plaintiff, as a parent of the party C, completed the registration of transfer of ownership on the ground of inheritance by consultation and division on December 26, 201, with respect to D forest land 96 square meters (the name of the administrative district was changed from AI at the time of Pakistan to AJ Dong on July 25, 201; hereinafter collectively, the total number before and after the change is specified as the lot number of each land located in AJ Dong), and E forest land 153 square meters, which was owned by C.

(D) The combination of forest land and E is referred to as “each of the instant lands.” The size of F forest land divided into F forest land and land ownership change was 1 square meters (9,025 square meters) in nine parts. On December 30, 1958, 4 lots of G forest land was divided into 8 square meters (4,760 square meters) in the said land.

G Forest land was again divided into three parts of G forest land 9 square meters (3,868 square meters) and 9 square meters of H forest land (893 square meters) on February 21, 1972.

H Forest land was divided into 56 square meters of H forest land, 54 square meters of I, and 783 square meters of J forest land on October 12, 1982.

J Forest was divided into 631 square meters of J forest and 152 square meters of K forest on September 3, 2008.

(Attachment Form F land alteration table). C entered into an exchange contract with L and M on October 14, 2008 with respect to the land of H 56 square meters and 152 square meters of K forest divided as above, and completed the registration of ownership transfer on October 17, 2008 with respect to each of the above land.

In accordance with C’s application for registration conversion, the said H forest is subject to registration conversion into D forest land 96 square meters, and its area has increased to 40 square meters, and the said K forest is subject to registration conversion into E forest land 153 square meters, and its area has increased to 1 square meters.

The Defendant’s registration of preservation of ownership of each of the instant lands confirms that there exists 280 square meters of land located in a larger area exceeding the permissible limit of error under Article 26(2) of the former Land Survey, Waterway Survey and Cadastral Records Act (wholly amended by Act No. 11592, Dec. 18, 2012) and Article 19(1)1 of the Enforcement Decree of the same Act in the process of the registration conversion as to each of the instant lands, and determines this as unregistered land and accordingly, on May 25, 201, the Defendant newly registered 280 square meters of road B (hereinafter “instant road”) on October 21, 2013.

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