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(영문) 춘천지방법원 원주지원 2018.05.09 2017가단34966
소유권확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On December 28, 1966, the Plaintiff’s Plaintiff’s assertion D purchased a 334 square meters in Gangwon-gun B (hereinafter “instant land”) from E and completed the registration of ownership transfer on February 16, 1967.

After that, D deceased and the Plaintiff succeeded to B’s land.

However, due to the disaster of June 25, the cadastral record was lost, and the Crossing-gun restored the cadastral map on December 5, 1963, and did not register the instant land. The land of this case was erroneously restored to the F-Do, Gangwon-gun, the Gyeongwon-gun, the F-do, the Gyeongwon-gun, the area where the instant land was located (hereinafter “F-gun”).

On December 10, 1970, the Defendant acquired ownership of the instant F land, and the instant F land was changed to the portion of 334 square meters inside the ship, which was successively connected with each of the points of 1,2,3,4, and 1 in the attached Form No. 1, 2, 3, 4, and 1 among the 2,00 square meters in Gangseo-gun, Gangwon-do, the land of this case in accordance with the Gyeongnam-gun

Therefore, the Plaintiff seeks confirmation of ownership of the instant land and confirmation that the boundary of the instant land B is 34 square meters in the ship, which successively connects each point of the attached Form 1, 2, 3, 4, and 1 among the said C-Y No. 2,000 square meters.

2. Judgment on the defendant's main defense of safety

A. The Defendant’s assertion that the instant land B is not registered in the cadastral record, and it is impossible to grasp whether it actually exists.

Therefore, the instant lawsuit seeking confirmation of ownership or confirmation of boundary line with respect to the instant land B is unlawful as there is no benefit of confirmation.

B. Where a certain land to be determined is registered as a parcel of land in the cadastral record, the location, lot number, land category, land register, and boundary of the said land shall be presumed to have been restored as it is, barring any special circumstance, such as where the relevant public official erroneously prepared a cadastral record due to clerical error in the process of imposing sanctions on the restoration of the cadastral record, the location, parcel number, land category, land register, and boundary of the land before the restoration of the cadastral record shall be presumed to

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