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(영문) 대전지방법원서산지원 2017.11.29 2015가단53232
건물등철거
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D’s land was owned by E prior to the subdivision, but was divided from the said D’s land prior to the subdivision into the forest register on May 14, 197, 198 square meters of F forest and field (hereinafter “instant F’s land”). As to the instant F’s land divided as above, the registration procedure for subdivision was completed on October 14, 1979, and the Defendant completed the registration of transfer of ownership on the instant F’s land on December 24, 2010 due to inheritance by agreement division as of September 26, 2010.

B. At the time of the exhaustion before the division, G land was in the shape of an error by aggregating the G portion indicated in the original cadastral map and C (excluding the F portion) in the original cadastral map.

However, as the land of this case was partitioned at the time of Jinjin-si prior to the partition, around October 15, 1986, the land of this case connected to the said land was merged with the land of this case due to the mistake of the cadastral authority, and the boundary correction was made in the cadastral map, which became the same form as the cadastral map C in the cadastral map, and the area was also 610 square meters of forest land including the area of 198 square meters of land of the instant F land.

On November 1, 1986, when the boundary was corrected, the subdivision was divided on the land cadastre due to the division on November 1, 1986. On November 6, 1986, the subdivision registration procedure was completed with respect to C forest land and 610 square meters (hereinafter “instant land”).

C. On November 4, 1986, E sold to the Plaintiff and H the same on November 4, 1986, 3,255 square meters, J 684 square meters, K forest 179 square meters, L previous 3,186 square meters, M forest 1,739 square meters, and N forest 793 square meters, and the Plaintiff and H completed the registration of ownership transfer as to each of the shares of 1/2 shares among the instant land C on November 6, 1986.

The Defendant owned the instant building, etc. and occupied the land occupied by the Defendant as the site of the instant building, etc.

[Reasons for Recognition] A, Evidence Nos. 1 and 2, Evidence No. 5-2, Evidence No. 1-1 and 2, each entry of Evidence No. 1-2, and the advanced market of this Court.

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