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(영문) 수원지방법원성남지원 2016.10.18 2016가단2078
손해배상(기) 등
Text

1. We dismiss the lawsuit seeking cancellation of land cadastre in the instant lawsuit.

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

A. On August 5, 1981, the registration of ownership transfer was completed in F’s name on the ground of inheritance under the name of the Defendant, G, H, I, and J as the receipt of the same registry office on March 21, 1992 by the Suwon District Court of Sung-gu under the receipt of the Sung-nam Branch of Sung-gu District Court of Sung-gu under the Act No. 13358. The registration of ownership transfer was completed on August 5, 1981.

B. Thereafter, on August 27, 1996, K, July 28, 200, L, December 10, 2001, M, April 21, 2006, N, September 16, 2011, and Plaintiff A completed the registration of ownership transfer due to trading in the future of Plaintiff B on December 26, 2011.

C. In addition, registration of ownership transfer was completed in the name of the registry office as of March 25, 1965, No. 5354, which was received on March 25, 1965, and later, registration of ownership transfer was completed due to inheritance by agreement division under the name of the defendant as of January 22, 1990.

D Land shall be located inside the E land.

In relation to E land, there is a forestry cadastral book and forestry cadastral map, but there is land cadastre for D land, but there is no cadastral map at present.

E. On November 28, 2006, the above land was registered as “land subject to correction of registered matters” in the forest land register and land cadastre for E land.

F.O is the defendant's assistance, and F is the defendant's reference.

G. Meanwhile, Gwangju City has imposed local taxes on the land D, and the defendant has paid such taxes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 9, 11, 12, 14, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Part of claim for cancellation of land cadastre;

A. The plaintiffs' alleged D land is land without cadastral map.

Therefore, the defendant is obliged to cancel the land cadastre of D land from the plaintiffs.

B. Determination ex officio by this Court

The forestry cadastral book;

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