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(영문) 수원지방법원 2015.08.13 2014구합7085
부동산분할등기촉탁 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case history

A. Before the division, the Plaintiff is the owner of 70-2 forest land 156,816 square meters (hereinafter “instant land”). The instant land was incorporated into the site of public-private partnership projects implemented by the Seoul Metropolitan Government Local Land Management Agency (Yyang-Seyang-Seong-Seong-Seong-Seng) (hereinafter “instant project”). The instant land was incorporated into the site of public-private partnership projects conducted by the Seoul Local Land Management Agency.

B. On August 21, 2012, the Seoul Regional Land Management Office filed an application with the Defendant for subrogation of registration of partition on the instant land. On September 10, 2012, the Defendant entrusted the registration of partition on the said land to the Suwon District Court Branch Branch Branch Branch Branch Registry (hereinafter “instant registry”). On September 17, 2012, the divisional registration was completed on September 17, 2012, but the route of the relevant parcel was not determined, and registered matters were restored on October 31, 2012.

C. On November 25, 2013, the Seoul Regional Land Management Office filed an application with the Defendant for the registration of subdivision on the instant land again, and on December 16, 2013, the Defendant filed a registration request with the instant registry on the instant land to adjust land alteration and to change land indication (hereinafter “instant registration request”). On the same day, the said land was divided into the instant registry on December 16, 2013 into 70-2 forest land in the Seo-gu, Seonam-gu, Seonam-gu, Sungnam-gu, Sungnam-gu, and 70-57 forest land in the same area, 1,887 square meters, 70-57 forest land in the same area, 70-57 forest land in the same area, 70-58 forest land in the same area, 70-59 forest land in the same area, 4,619 square meters

Although the plaintiff filed an administrative appeal, the Gyeonggi-do Administrative Appeals Commission dismissed it on August 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion shall notify the land occupant of his/her entry under Article 10 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act"), and the former Land Survey, Waterway Survey and Cadastral Records Act on June 3, 201.

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