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(영문) 수원지방법원 2016.04.21 2015가단5282
소유권이전등기
Text

1. Of the Plaintiff’s conjunctive claim, the Plaintiff’s registration of the owner of the Defendant’s name on March 17, 2006, the land cadastre B 615 square meters of land cadastre at the time of harmony.

Reasons

1. Basic facts

A. On March 6, 1971 with respect to D forest land 4,860 square meters (hereinafter “D forest”), the Plaintiff’s registration of preservation of ownership was completed on March 6, 1971, and the Plaintiff completed the registration of ownership transfer on August 26, 1991 with respect to the said forest land based on inheritance by agreement and division made on October 30, 1981.

B. On March 17, 2006, the Defendant newly registered as the owner with respect to B forest land and C land adjacent to D forest land, and on January 18, 201, registration of preservation of ownership in the name of the Defendant was completed.

C. The Plaintiff, F and father, and the Plaintiff considered B forest and land as part of D forest and field, and installed a variety of 187 square meters connected each point of 22, 23, 6, 7, 24, 25, 26, 13, and 22 square meters (hereinafter “B forest and field occupation portion”) among the forest and field B.

Around 1950, F of the Plaintiff’s capital increase report newly constructed a house on the 279 square meters (hereinafter “C-owned portion of land”) that connects each point of the attached Table 11, 10, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 11 on the land attached to C, and the third-Nam G is residing in the capital increase report.

Since then, H is residing by the grandchildren of the increased portion.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 5, 6, 8, and 9, each entry, the result of appraiser I's appraisal, the purport of the whole pleadings

2. The plaintiff, as to the legitimacy of some of the preliminary claims, sought implementation of the procedure of cancellation of the registration of the owner of the defendant's name on March 17, 2006 as to the land cadastre B's land cadastre. We examine the legitimacy of such procedure.

The act of changing certain matters listed on the land cadastre is merely for the convenience of administrative affairs execution and certification of facts, and even if the name of the owner is changed, it cannot bring about a change in the substantive legal relationship with respect to the land, and the ownership of the land is not proved by only the entry in the cadastral record. Therefore, it is a lawsuit to seek the procedure of cancellation of the owner's registration on the land cadastre.

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