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(영문) 대전지방법원 2016.11.11 2015나102055
토지인도 등
Text

1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim changed in the trial, is as follows.

Reasons

1. Basic facts

A. On June 12, 2008, the Plaintiff completed the registration of transfer of ownership on the ground of sale on January 22, 1995 with respect to forest land of 892 square meters, Hong-gun, Hong-gun (hereinafter only referred to as "land number").

B. B The forest land was divided into E forest land on March 24, 1971; the I forest land was divided into K forest land on December 31, 2008; the J forest land was divided into L forest land on July 20, 2009; and D forest land was divided into H forest land 68 square meters and D forest land on July 20, 2009.

C. On December 31, 2008, the Defendant completed the registration of transfer of ownership on the ground of consultation on December 29, 2008 with respect to I forest, and completed the registration of transfer on July 20, 209 with respect to H forest and J forest, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 14 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's ground for claim

A. D Forest land was divided into seven parcels of forest land from April 10, 1947, and among them, E forest land was divided into four parcels of forest land from December 15, 1958.

On March 24, 1971, the divided E forest was divided into E forest and B forest again, and the part inside the ship (hereinafter “instant forest”) connecting each point of the annexed drawings 1, 2, 3, 4, 5, and 1 in sequence falls under the area of B forest and field divided as above.

B. On January 22, 1995, the Plaintiff purchased the forest land of this case from G and continuously occupied it thereafter.

C. On the other hand, the above A.

On April 10, 1947, the red-gun managing the cadastral records of each forest stated in the port was divided into D or E, and the area of the forestry map was not adjusted.

Therefore, when the owner of LP calls for the correction of the forestry map, the National Ombudsman recommended on January 9, 2006 to adjust the relevant forestry map according to the surveying results map at the time of division.

The Hong Sung-gun organized the relevant forestry map in accordance with the above corrective recommendation, and in the process.

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