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(영문) 춘천지방법원속초지원 2013.06.19 2012가단893
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 3, 2011, the Plaintiff’s share of 3,049 square meters (hereinafter “Plaintiff’s share of land”) before Gangnam Yangyang-gun D

2. He shall complete the registration of transfer of ownership by donation.

B. Defendant B completed the registration of ownership transfer on March 13, 2003 with respect to the land of 1,649 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant 1”) on July 2, 1981 due to the inheritance of the property due to the consultation and division on July 2, 1981. Defendant C completed the registration of ownership transfer on May 24, 1989 with respect to F forest land of 2,89 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant 2 land”).

C. On November 23, 2002, G cadastral technicians G of the Korea Intellectual Property Corporation (Yyang-gun branch office under its jurisdiction at the time) conducted a boundary restoration survey on the Plaintiff’s land (hereinafter “the first survey”). According to the survey, the boundary between the Plaintiff’s land and the Defendant, and each land of the Defendant 1 and 2 is identical to the line connecting each of the points of 1, 2, 3, and 4 in the attached drawing No. 1 (a) and the part of 1,2, and 3 in the same drawing No. 1 (b). The Defendant B occupies approximately 100 square meters in the above part of the Plaintiff’s land, and approximately 50 square meters in the part of 50 square meters in the Plaintiff’s land (hereinafter “second survey”).

(B) Defendant B requested the review of the legality of the regional cadastral committee in Gangwon-do.

The appraiser H of this court conducted a boundary survey on the Plaintiff’s land and each land of Defendant 1, and Defendant 2. According to the result of the appraisal (hereinafter “instant appraisal”), the boundary between the Plaintiff’s land and Defendant 1’s land is one connecting each point of Annex 2, 5, 25, 6, and 7, and the boundary between the Plaintiff’s land and Defendant 2’s land is one connecting each point of Annex 1, 2, 3, and 26 indicated in the same drawing. The Defendant B occupies 23 square meters of the part indicated in the same drawing among the Plaintiff’s land, and Defendant C occupies 50 square meters of the part “b” indicated in the same drawing among the Plaintiff’s land.

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