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(영문) 대전지방법원천안지원 2016.02.12 2015가단108471
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the fact inquiry about A-1 and 3 (including paper numbers) and A-3 (including paper numbers).

The land of the ASEAN-si (hereinafter referred to as “the land of this case”) is the land originally converted on April 30, 1971 from ASEAN-gun to ASEAN-gun to December 12, 196, the E land divided on December 12, 196.

The F land in Busan City (hereinafter “F land 2”) was also divided on December 12, 1966 from the above D land to the above E land. The area at the time of division was 0.04 square meters (120 square meters) and 0.21 square meters (630 square meters) of the above E land.

B. However, as the above land was registered as the land No. 1 of this case on April 30, 1971, the area of the land is increased by 84 square meters due to the public official’s error in the land cadastre, and as if the land was located within the boundary of the land No. 1 of this case, the cadastral map of the instant land was prepared as if the land was located within the boundary of the land No. 2 of this case. Ultimately, the part of the instant land was entered in the cadastral map of this case and the forestry map of the instant land No. 1 of this case.

After that, the area of the land No. 1 was registered on the land cadastre with the area conversion unit of 2,360 square meters.

C. According to the survey result map drawn up on December 15, 1966, the actual area of E’s land falling under the instant land No. 1 prior to the conversion is 2,04 square meters, and the actual area of the instant land No. 2 is 373 square meters.

G was awarded a successful bid on July 14, 200 for the instant land in the case of voluntary auction of H real estate in the Daejeon District Court, Daejeon District Court, and paid the successful bid on July 14, 200. At the request of the court, the registration of ownership transfer for the instant land No. 1 was made to G as the receipt of No. 24099 on August 16, 200 by the ASEAN Branch Office of the Daejeon District Court.

E. G sold the instant land No. 1 to the Plaintiff on March 8, 2004 and caused by this.

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