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(영문) 대전지방법원홍성지원 2015.02.11 2013가단4487
토지인도 등
Text

1. The plaintiff's claim for confirmation of ownership is dismissed among lawsuits against the defendant Korea Land and Housing Corporation.

2. Defendant.

Reasons

1. The plaintiff's assertion

A. On April 10, 1947, the forest land D (hereinafter referred to as “the forest land is located in the same Ri”) was divided into the land for D or E on April 10, 1947. Of them, the forest land was divided into the land for E or F forest, E or F forest, and the divided land was divided into four lots on March 15, 1958. On March 24, 1971, E or B forest (B forest is referred to as the “instant forest”).

B. On January 22, 1995, the Plaintiff purchased the forest of this case from G and occupied it. On June 12, 2008, the Plaintiff completed the registration of transfer of ownership on the forest of this case based on the said sale.

C. Meanwhile, on April 10, 1947, the red-gun managing each of the above forest areas divided D forest areas into seven parcels of forest land D or E, and did not organize the forest land area.

Accordingly, when the owner of the divided forest requests correction, the National Ombudsman recommended on January 9, 2006 to organize the relevant forestry map according to the survey result map at the time of division on April 10, 1947.

The Hong Sung-gun, while organizing the relevant forestry map in accordance with the above corrective recommendation, changed the land register of the forest of this case possessed by the Plaintiff into D, H, I, and J of Hong-gun.

Since then, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) (hereinafter “Defendant Corporation”) acquired the ownership of the said H or J forest and carries out the construction of rental housing apartments on its ground by designating the Central Construction Corporation (hereinafter “Defendant Company”) as the contractor.

E. Thus, the place where the said construction is being carried out is the forest of this case owned by the Plaintiff. Thus, the Defendant Corporation shall seek against the Defendant Corporation confirmation of ownership of the forest of this case and confirmation of the boundary between the forest of this case and the construction site of this case as a line connecting each point of the annexed drawing Nos. 1, 2, 3, 4, 5, and 1, and seek delivery of the forest of this case against the Defendant Company.

2. Determination

A. (1) Ex officio, the confirmation of ownership of the claim against the Defendant Corporation.

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