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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 3, 1974, B purchased part of the 1st 7th Yando-gun D (hereinafter “D”) of the forest land E (hereinafter “E forest land before division”) from C, and leased part of the purchase part to the Plaintiff by specifying the location and size (6th mix (180 square meters, 595 square meters; hereinafter “instant land”) without completing the procedure for division and ownership transfer registration, and sold it to the Plaintiff. From the time of the lease of the instant land, the Plaintiff constructed a household building (hereinafter “instant provisional building”).
B. On February 3, 1978, the land of this case was planned to be divided into one square meter (7,141 square meter; hereinafter “E forest after the division”), two square meters (9,124 square meter; hereinafter “F forest before the division”) of F forest land 9, and six square meters (180 square meter, 595 square meter, and 185 square meter) of the Plaintiff’s portion of G forest 6 square meter (the same shall apply to this case’s land) in the course of the surveying division, but the land of this case was planned to be divided into five square meters (180 square meter, 595 square meter, and 195 square meter) but the land of this case was a part of the forest of E before the division, which was part of the forest of this case in the course of the surveying division, and was to be surveyed and divided in contact with the F forest and forest with the boundary of E before the division.
C. On August 20, 1981, C completed the registration of ownership transfer with respect to H land to the Plaintiff, and completed the registration of ownership transfer with respect to F forest land before division to B, and B completed the registration of ownership transfer with respect to F forest land before division to I on December 30, 1992.
After that, on July 7, 1993, F forest land was divided into 7,472 square meters of F forest land (hereinafter “F forest after the division”), 2 G forest land, 826 square meters of J forest, and 826 square meters of forest land. As seen earlier, the instant part of forest land was located outside of E forest land before the division.