(영문) 광주지방법원 2016.06.10 2016나50012

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(영문) 광주지방법원 2016.06.10 2016나50012

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 4, 1978, in the process of converting the area on the public official’s cadastral record into a square meter, the actual area was 2,367 square meters, and on May 4, 1978, the area was recorded as 3,367 square meters by negligence by the public official in charge.

B. The Plaintiff was awarded a bid of ten parcels of land including the instant land in the 10 voluntary auction procedure (hereinafter referred to as “instant auction procedure”) with the Gwangju District Court wooden Branch C voluntarily (hereinafter referred to as “instant auction procedure”) and acquired ownership by fully paying the price of KRW 45,00,000 on April 10, 2001.

C. Meanwhile, upon finding that there was an error in the area on the cadastral record of the instant land, the area was corrected ex officio from 3,367 square meters to 2,367 square meters, and the head of Pyeongtaek-gun notified the Plaintiff of the fact on August 6, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. In the instant auction procedure, where the size of the above land is excessively stated due to the negligence of the public official in charge of the public official belonging to the defendant, who manages the official cadastral record of the pertinent land claimed by the plaintiff, and the bid price of the above land is high, the defendant is obligated to pay the plaintiff the bid price of KRW 4,323,00 and the delay damages corresponding to the excessive area stated

3. Determination

A. According to the factual relations prior to the occurrence of liability for damages, an excessive entry was made in the cadastral record, and the area entered in the public record was reduced to 1,00 square meters due to a correction of the cadastral record, but the decrease in the area in the public record actually was not recognized as to the land of this case, and there was only the public record due to the procedural error, and the said correction prevents the Plaintiff from actually losing the land or acquiring the land to have been acquired as a matter of course as much as the area decreased in the

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