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(영문) 대구지방법원 2012.09.19 2012나6866
소유권확인
Text

1. Revocation of a judgment of the first instance;

All of the plaintiff's lawsuits of this case are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the purport of Gap evidence 1, 2, Eul evidence 1, 5, Eul evidence 1, 2, and 3 (including paper numbers) or all of the images and arguments.

On December 12, 2007, the Plaintiff purchased Fwon 10,176, G former 149, and H 449, and completed the registration of ownership transfer in the real estate auction procedure for the Daegu District Court Port Support E real estate rental auction.

B. A neighboring each real estate owned by the Plaintiff, Defendant Republic of Korea owns the instant road; Defendant B owns the land of this case; Defendant B owns the land of 507 square meters with the land of 11,504 square meters in J orchard; Defendant C owns the land of 1,325 square meters in G.

C. On December 15, 1930, the road of this case was registered conversion in the Southern-gu L Forest, Nam-gu, and on March 20, 1958, the land category was changed from before the beginning to the road, and the defendant Republic of Korea completed registration preservation on June 25, 199.

2. The road of this case asserted by the plaintiff is identical to the part of the ship (i) in which the location and boundary in the cadastral map are successively connected with each point of (1) 1 through 20, and 1.

However, the road of this case originally existed on the right side of the port of port in the south-gu, the port located on the right side of the H land owned by the Plaintiff, and the right location and boundary of the road are as shown in the separate sheet No. 21 to 40, 21.

Nevertheless, the current cadastral map was prepared in error that the location and boundary of the road of this case existed between the land owned by the plaintiff, which is the left side of the M road as above.

Accordingly, the Plaintiff seeks a judgment against the Defendants, such as the written claim.

3. Determination on the legitimacy of the instant lawsuit

A. Defendant Republic of Korea confirms that part (B) of the attached Table Nos. 1, 9, 10, 11, 12, 13, 14, 15, 16, and 1 are not owned by Defendant Republic of Korea, but not the road of this case.

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