logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.09.30 2015가단115749
손해배상(기)
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. Facts of recognition;

A. On December 29, 2009, the Plaintiff purchased from B the purchase price of KRW 265,000,000 for the purchase price of KRW 1,309 square meters (hereinafter “instant land”) and KRW 360 square meters (hereinafter “instant land”) prior to D in Gwangju-si, Gwangju-si. On December 29, 200, the Plaintiff acquired ownership after completing the registration of ownership transfer on each of the instant land on December 30, 209.

B. On November 15, 1926, the instant land was subject to registration conversion in E forest land in Gwangju-si, Gwangju-si. In the process of conducting a cadastral survey on the instant land through the Korea Land Survey Corporation around May 2014, Defendant Mine-si found any error that the cadastral boundary on each cadastral record of the F forest land of 396 square meters in light of the instant land and its neighboring land overlaps.

C. Around June 18, 2014, Defendant Mine-si sent a document to the Plaintiff and G owner of the adjoining land and notified that he/she apply for the correction of registered matters (on the boundary and area) by sending the document stating “the registration of the land subject to the correction of registered matters” to the Plaintiff and G owner of the adjoining land. In this case, the instant land should be corrected to a size of 1,309 square meters, which is an error in the area of 1,309 square meters on the existing cadastral record, and thus,

[Ground of recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 6 (including each number if there is a serial number) and the purport of the whole pleadings

2. The Defendant Republic of Korea asserted that, through a written response from December 29, 2015, the management of the official cadastral records, etc. regarding the instant land should be delegated to Defendant Mine-si, and thus, the part against the Defendant Republic of Korea in the instant lawsuit should be dismissed. However, Defendant Republic of Korea withdrawn the said assertion on the first date for pleading.

Plaintiff

The defendants are obligated to register and manage the area of the land in accordance with the substantive relations in the preparation and management of the cadastral record. However, due to the negligence of the public official in charge, the area of the land of this case is actual.

arrow