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(영문) 춘천지방법원 2019.10.30 2018나52744
소유권확인청구
Text

1. The plaintiff (appointed party)'s claim that changed in exchange in this court is dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The size of the Gangwon-gun E land owned by the network D (hereinafter “E land”) was corrected from 7rd to 5th to 5th 4th 4th 0 (1,620 square meters). The Selection F on June 29, 1985 completed the registration of ownership transfer for E land on October 10, 1974.

(b) The land C, adjacent to the land, is registered as the owner in the forest land register of land C, and C is currently unregistered.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence Nos. 8 through 11 (including branch numbers), the purport of the whole pleadings]

2. The Plaintiff’s alleged C land is directly adjacent to E and, in light of the fact that the size of C land is reduced or consistent with the size of E land, C is divided from E land.

Therefore, land C is owned by the network D, the original owner of land E, and since the Plaintiff and the designated parties inherited the land after the network D death, land C is owned by the Plaintiff and the designated parties according to each ratio specified in the shares of inheritance by the designated parties and the selected parties, and seek confirmation thereon.

3. The following circumstances that can be recognized by the purport of Gap evidence Nos. 8, 9 (including each number), Eul evidence Nos. 2-3 and the entire arguments, namely, the copy of the closed copy (Evidence No. 8-1) with respect to the grounds for the reduction of the size of Eul's land, are described as the correction of the size, the old copy of the original copy of the register (Evidence No. 9-3), and the entry of the division of Eul's land cannot be found. ② The net D applied for the correction of the size of Eul's land and Eul's land around Dec. 1, 1984. However, the old copy of the land E's land and the area of Eul's land, which were written on September 11, 1978, were already stated as the owner of the land, and ③ the net D applied for the correction of the registered matters of C's land and entered as the owner of the land in the original copy of the register of land C.

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