1. Of the instant lawsuit, the Seoul Eastern District Court shall register the area of 2,916 square meters among the area of 7,431 square meters prior to Songpa-gu Seoul.

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized in full view of the respective entries in Gap evidence 1 through 4 (including the serial number) and the whole purport of pleadings:

In the Land Survey Book prepared by the Land Survey Bureau of the Chosun-gun, the F was registered as the owner of the 94 square meters (the administrative district and unit are changed to 311 square meters prior to Songpa-gu Seoul, Songpa-gu, Seoul; hereinafter “instant land 1”) and the 882 square meters prior to E (the change is changed to 2,916 square meters prior to Songpa-gu, Songpa-gu, Seoul; hereinafter “the land prior to the annexation”).

The registration of ownership preservation in the name of the Defendant was completed as of April 15, 1965 by the Songdong District Court, Songdong District Court No. 7218, which was received on April 15, 1965, and the land before the merger was completed as of April 15, 1965 by the registration office of the same registry office.

On the other hand, on October 30, 1987, the land prior to the annexation was merged with Songpa-gu Seoul Metropolitan Government and H and became B 7,431 square meters prior to B (hereinafter “instant land”).

With respect to the Plaintiff’s assertion of the judgment on the previous defense on the merits of this case’s land No. 2,916 square meters (the area corresponding to the land before annexation) among the land No. 2 of this case, the Defendant asserts that there is no interest in the lawsuit because this part of the lawsuit is not specified.

Judgment

In order to cancel the registration of the previous portion of land which has ceased to exist due to the annexation of land, the previous part of the land should be specified after the annexation and order to cancel the registration of the said part (see, e.g., Supreme Court Decision 97Da2993, Jun. 24, 1997). If the object of the claim is not based on the measurement drawing capable of dividing the object of the claim and is identified as the old parcel number and cadastral area before the annexation, such claim cannot be deemed to have been specific enough to register, and thus, the court shall ex officio order the correction and dismiss the lawsuit if it fails to comply.