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(영문) 서울행정법원 2015.01.29 2014구합59153
지적측량적부재심사각하결정취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts B completed the registration of ownership transfer on June 26, 1981 with respect to C forest land 11,306 square meters in Seosan-si prior to the division.

On June 4, 2009, the land in Seosan-si was divided into 1,415 square meters of D forest land in Seosan-si, Seosan-si.

On the other hand, the land adjoining to the above land C before subdivision (hereinafter “instant land before subdivision”) was originally owned by F. On June 18, 1988, the Plaintiff and H completed the registration of ownership transfer as to each 1/2 share on February 26, 200, respectively.

On February 6, 2006, the land prior to the instant partition was subject to registration conversion into 9,885 square meters for I forest land in Seosan-si, Seosan-si, and was divided into 4,942 square meters for I forest land and 4,943 square meters for J forest. On the same day, the Plaintiff, as a co-owned property partition, owned the said I land alone.

Since then, the Plaintiff installed a fence in accordance with the boundary point at the time of dividing the jointly-owned property, and occupied, occupied, and used the fence, but there was a dispute over the boundary between B and land, which is the owner of the land of Seosan-si, Seosan-si, a neighboring land of 1,415 square meters of land (which is divided into 11,306 square meters of land in Seosan-si, Seosan-si).

In the process of the relevant case B and the Plaintiff, a counterclaim for seeking the registration of ownership transfer and the main claim for the transfer of land transfer was conducted. In the Daejeon District Court case on November 3, 2010 209dan581 (main claim) and 2010Kadan2017 (Counterclaim), the Daejeon District Court ordered the Plaintiff to remove the main claim for the transfer of land, etc. from the main claim for the transfer of land and the counterclaim for the transfer of ownership, and to pay the land to the Plaintiff at the rate of 34,35, 36, 37, and 34 of the attached Form No. 7 through 26, among the 1,415 square meters of land in Seosan-si D forest and fields, the Plaintiff paid the money to the Plaintiff during the period from November 1, 2008 to October 31, 2009, while the Plaintiff paid the money to the Plaintiff at the rate of 34,35, 36, 37, and 344.

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