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(영문) 서울중앙지방법원 2017.06.23 2016가단5085671
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Do-dong E 250 F 250 F 259 June 6, 258, D 154.2H 154.2H 146 March 4, 1483, 146. 9.4.6 14.6

A. On October 13, 1980, the Defendant, while implementing a land readjustment project, issued a land substitution disposition that includes the following contents.

B. At the time of May 7, 1982, the Defendant: (a) as of May 7, 1982, to K, the owner of Geumcheon-gu Seoul Metropolitan Government Fro 858 square meters (hereinafter “instant land”).

As stated in paragraph 9.6, 2,208,00 won was imposed and collected as liquidation money for 9.6 square meters.

C. On May 8, 1982, Plaintiff A and L purchased the instant land from K on May 8, 1982, and completed the registration of ownership transfer with respect to each of 1/2 shares of the instant land on May 10, 1982.

Plaintiff

B On April 22, 2004, with respect to one-half share of L from among the land in this case, the registration of ownership transfer was completed on September 23, 2003 due to a consultation and division.

E. On April 8, 2015, the Defendant notified the Plaintiffs that “Around April 8, 2015, the area was verified to have been registered by mistake in the determination of the land cadastre area of the instant land, and, pursuant to Article 84 (Correction of Registered Matters) of the Act on Land Survey, Waterway Survey and Cadastral Records, the Defendant applied for a correction of the registered matters (area) with the content that reduces the area from 858.3 square meters to 828.4 square meters to 29.9 square meters, and applied for a correction of the registered matters (area) during the liquor period.”

F. On December 10, 2015, the Defendant notified the Plaintiffs that the area of the instant land was corrected from 858 square meters to 828.4 square meters ex officio, on the grounds that there was no application for correction of registered matters for land cadastre.

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence No. 10, and the purport of the whole pleadings]

2. Determination

A. (1) On August 1969, the Defendant asserted the Plaintiffs’ primary assertion: (a) arbitrarily divided the land in this case into the Geumcheon-gu Seoul Metropolitan Government I large 29.9 square meters after the authorization of the land substitution plan and the designation of the land substitution plan; and (b) on October 13, 1980, the Defendant divided the land in this case into the instant land.

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