1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Basic facts

A. On May 23, 1990, the Plaintiff purchased part of the instant land from Nonparty 427,50 won from Nonparty 1’s village among the instant land, which was title trusted to F by J.

B. The Plaintiff occupied part of the instant land from the time of purchasing part of the instant land, and used it as a garden up to now.

C. On June 28, 2001, the Defendant purchased the instant land from Nonparty Village and received the registration of ownership transfer with respect to the instant land from F on November 13, 2001.

On February 12, 2003, the Defendant completed the registration of transfer of ownership with respect to the instant land to D, her mother, and D completed the registration of transfer of ownership with respect to the instant land on February 22, 2013 on the ground of a donation agreement concluded on February 20, 2013 (hereinafter “instant donation agreement”).

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 6, witness G's testimony and purport of whole pleading

2. The assertion and judgment

A. We examine ex officio the legitimacy of the main claim part of the lawsuit of this case, which is a judgment as to the main claim.

The purpose of the claim in civil procedure is to clearly identify its contents and scope so that it can be clearly identified, and the determination of the purport of the claim is to be examined ex officio. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order of correction.

(see Supreme Court Decision 2011Da111459, Mar. 13, 2014). Since the instant land is inconsistent with the cadastral boundary that does not coincide with the cadastral boundary, the Plaintiff was unable to determine the area and boundary of a part of the instant land, and thus, did not specify the primary purport of the instant claim among the instant lawsuit.

(A) The plaintiff's agent presented his opinion that it is not easy to resolve in the near future.