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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. C은 1983. 3. 1. 원고에게 울산 울주군 D 임야 12,595㎡ 중 일부를 매매대금 30만 원으로 정하여 매도하는 매매계약을 체결하였는데, 당시 계약서에는 매매대상 목적물을 특정하기 위하여 특약사항으로 ‘移轉關係는 此后 分離后 경계는 E 中央으로부터 南片을 賣渡함’이라고 기재되어 있다.
B. On September 28, 1989, the Plaintiff divided D land in Ulsan-gun into 3,784 square meters in Ulsan-gun, Ulsan-gun and 8,811 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, according to the above sales contract.
C. The Plaintiff completed the registration of transfer of ownership on March 13, 1990 received on March 13, 1990 with respect to the Ulsan District Court’s Busan District Court’s 8,811 square meters of F forest land in Ulsan-gun.
However, on September 15, 1997, the administrative district and its name changed to the Ulsan-gun D was changed to the Ulsan-gu G, Ulsan-do, and the “F of Ulsan-gun, Ulsan-do,” respectively.
E. On March 7, 2005, the Plaintiff divided H land in Ulsan-gu, Ulsan-gu into 8,580 square meters of H land and 231 square meters of forest land in Ulsan-gu and Ulsan-gu, Ulsan-do.
F. On March 31, 2005, the Plaintiff entered into a sales contract to sell approximately KRW 2,500 to J in Ulsan-gu H land at KRW 50,00,00. Accordingly, the J completed the registration of ownership transfer on the above H land as receipt No. 23510 on March 31, 2005.
G. However, the Plaintiff filed a lawsuit against the J for the registration of transfer of ownership with the Ulsan District Court 201Kadan3946 (hereinafter “former District Court case”) and asserted as follows.
1) On March 1, 1983, the Plaintiff purchased the center of “E” among the land D in Ulsan-gu, Ulsan-gu, Ulsan-do, from C on the boundary of “E”, but on September 28, 1989, some land was included in H land in the cadastral map due to the error of cadastral boundary marking due to the error of partition surveying. 2) The Plaintiff sold the said land to J on March 31, 2005, while selling the said land, the boundary of the land G land in Ulsan-gu, Ulsan-gu and the said land remains on the basis of the center of “E”.