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(영문) 대전지방법원서산지원 2015.07.15 2014가단5670
지적도경계복구
Text

1. The Defendant shall attach a boundary mark to the Plaintiff on the cadastral map (scale 1/1200) of C forest land 893 square meters and D forest land 595 square meters at the time of Jinjin-si.

Reasons

1. The following facts can be acknowledged in full view of Gap evidence Nos. 1 and 2, Eul evidence Nos. 2, and Eul evidence Nos. 2 and the fact-finding inquiry results at the time of truth-finding.

① On March 1, 1956, E-9 group 4 forest land was divided into three parts of F forest land, seven parts of F forest land, and four parts of G forest land. On November 23, 1970, F forest land three group 7 parts of F forest land was divided into nine parts of C forest land, seven parts of H forest land, one unit of seven parts of H forest land, and one unit of F forest land, and the size of 595 square meters of F forest land, which was divided into seven parts of I forest land, on the same day.

② On December 18, 1971, J completed the registration of ownership transfer as the receipt No. 17805 on December 18, 1971 with respect to C Forest land C, 893 square meters on December 18, 1971. The Plaintiff completed the registration of ownership transfer as to the said real estate on February 27, 1985 on the ground of inheritance through consultation and division. The Plaintiff completed the registration of ownership transfer as the receipt No. 3476, Feb. 28, 1991.

③ On March 7, 2014, the Defendant completed the registration of ownership transfer as the receipt No. 10493, Mar. 10, 2014, with respect to D forest land 595 square meters in Jinjin-si.

④ Meanwhile, the current cadastral map does not indicate C Forest land 893 square meters in the Siljin-si owned by the Plaintiff, and the forest land D in the Siljin-si owned by the Defendant is larger than 595 square meters in the public account book, with a size of 2218 square meters in the area.

2. In light of the fact that there exists a 893 square meters of C forest in Jin-si on the registry of the judgment as to the cause of the claim, and that D forest in Jin-si owned by the Defendant is merely 595 square meters in the registry of the register, and there is no evidence to deem that the land owned by the Plaintiff was nonexistent according to the relationship with another land in the surrounding area, it is reasonable to deem that C forest in Jin-si is actually existing and omitted in the cadastral map.

If the plaintiff's land does not exist by proving its existence on the basis of very strict grounds as the defendant's assertion, it is true that the plaintiff's land is owned by the defendant.

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