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(영문) 춘천지방법원 2016.09.09 2015나7392
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the reasoning of the judgment regarding this case in the first instance judgment are as follows: “Before the merger on August 25, 2010 (the time of the instant sales contract was concluded on June 9, 2010)” was added between “the forest of this case before the division” and “Gang Changwon-gun,” which is the fourth 16th 16th of the judgment of the first instance court, and “the forest of this case before the merger on August 25, 2010 (the time of the instant sales contract),” and “the Defendant’s assertion is identical to the corresponding part of the reasoning

2. The defendant asserts that each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") is separate land that exists independently from forest land of this case among the forest land of this case purchased by the plaintiff and D, and that each real estate of this case is not the co-defendant C of the court below, but G and U, and the plaintiff et al. purchased the real estate of this case from G and U, so the defendant does not bear the duty of ownership transfer registration for the first owner or seller.

As a result of the merger and division of land, the indication on the cadastral record has changed.

Even if the land itself prior to the merger or division does not disappear or changes in the legal relationship with the land, so a landowner does not have any obstacle to claiming ownership even without restoring the boundary of the former parcel number on the cadastral record so as to specify his/her own land or undergoing the procedure for confirmation of boundary by a lawsuit for confirmation of boundary (Supreme Court Decision 2001Da20103 Decided September 24, 2002). Meanwhile, the purchaser of a part of the land prior to the merger or division can file a claim for the registration of ownership transfer by specifying the land divided from the previous land as a result of the merger or division.

Based on such legal principles, the forest land of this case, which was located before the subdivision of two parcels, becomes the land of 11 lots, including the real estate of this case, through the annexation, cadastral conversion, and partition procedures.

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