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(영문) 춘천지방법원강릉지원 2016.05.03 2015나5153
공유물분할등
Text

1.The judgment of the first instance, including a claim modified and added in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Basic facts

A. There exists a separate register as to each real estate listed in the separate list. Among them, ① in the register as to the land listed in paragraph (1) of the annexed list, the registration of transfer is completed in the column for title “50 square meters prior to and in the column for title “A” No. 15272 prior to July 9, 1956. ② In the register as to the land listed in paragraph (2) of the attached list, the registration of transfer was completed in the column for title “400 square meters prior to and in the column for title,” and the title No. 1 in the column for title of the attached list No. 15278 prior to July 9, 1956. ③ The registration of transfer was completed in the column for title for the register as to the land listed in paragraph (3) of the attached list by the name No. 15278, Mar. 15, 1955.

B. As above, in the registry, there are three lots of land in the size of 500 square meters, 400 square meters, and 100 square meters as shown in the attached list, and the owner of the land is also different. However, in the cadastral map kept at the government office, there are only three thousand square meters prior to C,511 square meters (1,062 square meters) in the cadastral map kept at the government office, and there is no land E and G land.

C. The Defendant: (a) received a successful bid on June 14, 2002 through the procedure for a compulsory auction from the Chuncheon District Court, a junior branch court located in the attached list No. 1; and (b) completed the registration of ownership transfer under the name on July 8, 2002; and (c) at the above auction procedure, the auction court assessed and assessed the above land as the area on the land cadastre due to inconsistency between the area on the register (500 square meters) and the area on the land cadastre (1,062 square meters).

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