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(영문) 대전지방법원서산지원 2016.11.23 2016가단4510
토지인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2005, the Plaintiff purchased 1,381 square meters of D forest land in Jin-si from C (hereinafter “real estate location”) 245 square meters of E forest land, 245 square meters of F forest land, 1,518 square meters of G forest, 2,610 square meters of G forest, 578 square meters of H forest, 578 square meters of H forest, and 450 square meters of H forest, and completed the registration of transfer of ownership under the name of the Plaintiff and J on June 16, 2005.

B. On July 13, 201, D forest land was combined with 245 square meters for E forest land, 1,518 square meters for F forest land, 2,610 square meters for G forest land, and 5,754 square meters for D forest land. The area of 5,754 square meters for D forest land was corrected to 5,302 square meters on August 18, 201, and the registration conversion was made on December 6, 201 to 5,302 square meters for K forest land.

On December 12, 2011, K forest 5,302 square meters was divided into 463 square meters of K forest, L forest 4,698 square meters of land, M forest 141 square meters of land.

C. H Forest land was changed to 728 square meters on November 16, 201, and was changed to 728 square meters on February 8, 2012. D.

The defendant owns a ditch B 1,278 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s cadastral boundary in the B ditch, the Defendant-owned, passes through the center of the house located in the Plaintiff’s land, and the said house cannot be registered in the public record, and the area of the Plaintiff’s land was reduced to 450 square meters. As a result, the Plaintiff’s market price of KRW 150,000,000,000 per 3.3 square meters, causing damage to KRW 270,000,000.

Therefore, the Defendant seek delivery of a shortage of land 450 square meters and payment of a damages amounting to KRW 270 million out of the damages amounting to KRW 90 million.

3. As seen earlier, the fact that the area of D, E, F, and G land has been reduced to 5,754 square meters from the area of 5,754 square meters after the combination of such land may be recognized. However, this alone cannot be determined that the Defendant occupied the land owned by the Plaintiff as much as the area that the said land was reduced.

The evidence submitted by the plaintiff alone is that the ditches owned by the defendant is passing through the plaintiff's ownership.

(2) the Corporation; or

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