Mangyeong-si et al. (Attorney Song-chul et al., Counsel for the defendant-appellant)

Jeonju-si (Attorney Jeon Jae-ho, Counsel for the defendant-appellant)

January 29, 2004

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The defendant shall deliver to the plaintiffs the part "A" in the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the land size of 96-2, 1,326 m2, Jeonjin-gu, Jeonjin-gu, Jeondong-gu, Jeondong-gu, Seoul, with the order of priority among the items in the attached Form 1, 2, 3, 4, 5, 6, 7, and 78 m2. The defendant shall pay to the plaintiffs the money calculated at the rate of 5,193,60 m25% per annum per annum from the pronouncement date of the judgment of this case to the day of complete payment. The defendant shall pay the money calculated at the rate of 261,300 won

1. Facts of recognition;

The following facts may be acknowledged if there is no dispute between the parties, or if it exceeds the whole purport of pleadings as a result of the survey and appraisal of the appraiser red iron sheet, the following facts may be acknowledged: Gap evidence 1-1, 1-2, 1-3, 3, 4, Eul evidence 1, 2-1 through 2-20, 3-23, and 4; Eul evidence 1, 2-1 through 2-20, 3-23

A. On July 5, 1918, 1918, the land was originally divided into one thousand nine thousand square meters and nine thousand square meters of the 96-2 forest (hereinafter referred to as the “the instant forest”) in Jin-dong, Seojin-gu, Seoul Special Metropolitan City (hereinafter referred to as five thousand nine thousand square meters; hereinafter referred to as the “Yin-dong”) and one thousand square meters of the forest (hereinafter referred to as the “the instant forest”) (hereinafter referred to as three hundred square meters) and the area of the instant forest was registered as one thousand square meters and nine thousand square meters in the forest register, and accordingly, the area of the instant forest was also registered as nine thousand square meters in the forest register.

B. Nonparty 1 succeeded to the forest land of this case as the senior grandchild of the above stuff, and completed the registration of transfer of ownership by inheritance on March 6, 191.

C. However, in the forestry map, the area of the forest land before subdivision was smaller than the area registered in the forestry map, which was smaller than 5,792 square meters. However, due to the error in surveying in the course of subdivision conducted on March 30, 1941, the forest land outside the instant case was formulated at 5,218 square meters, which is much more than the registered area, and the forest land map was formulated at 574 square meters exceeding 30 square meters, the registered area.

A person shall be appointed.

D. After that, as the forest land outside the instant case was reclaimed as dry field and was converted to 5,901, prior to 1133-1, prior to 1133-1 (the same shall apply to the portion on which each point of 1,2, 3, 4, and 1 is successively connected to each point of 1) and was registered in the cadastral map, the land was cancelled in the new cadastral map. Unlike the cadastral map on a scale of 1,6,000, unlike the cadastral map on a scale of 1,1,200 and the cadastral map on a scale of 1,1,200 and the cadastral map on a neighboring area of 97, Dong-dong, Busan, where the boundary surveying was conducted between the said forest and the neighboring area on a scale of 1,326 square meters ( approximately 442 square meters in the cadastral map on a scale of 1,326 square meters in the instant forest and the cadastral map on a scale of 1,326 square meters in the actual boundary.

E. After that, it is revealed that the registered area and the area in the forestry map are inconsistent with the registered area in the forestry map of this case, the head of Jeonju-si, on February 20, 1991, designated as the land (area) subject to correction of registered matters in the cadastral record with the content that the forest of this case shall be reverted to the area calculated on the cadastral record, and on the same day, notified that the “land subject to correction of registered matters” shall be indicated in the forest cadastral record and that the land is subject to correction of registered matters among the gambling members who had been the title holder on the registry at the

F. On May 8, 191, the forest of this case, where the registered matters (area) in the forest register were not modified, was constructed around the forest of this case and sold to the Defendant. On June 30, 1994, the forest of this case, which was then sold to the Defendant. On the other hand, on the ground that the road was not constructed on the forest of this case, the forest of this case was returned to stuffed again on June 30, 1994. However, on the forestry map, the portion of the “A” of the area indicated within the boundary of the forest of this case among the areas indicated within the boundary of the forest of this case was the part occupied by the Defendant (hereinafter referred to as the “A” of the attached table. The same is also applicable to the portion of the “A” connected in sequence with each point of the said items.

F. After that, on April 198, when a mutual savings and finance company established a mutual savings and finance company applied for compulsory auction as of 18 another Special Metropolitan City court 98,14639 with respect to the forest of this case, the above court held compulsory auction and proceeded with the procedure on the 18th of the same month. According to the order of real estate status survey and appraisal order of this court, the execution officer submitted a report on the current status stating only the current status as "forest" without any special entry as to the area of the forest of this case. The appraiser submitted a report on the current status as to the forest of this case, the area measured by the forestry map and the forest land register as well as the area of the registration on the registry as to the land of this case, 99 square meters, which are 16,830,000 won per 170,000 won per 2,000 won per 19,000 won per 19,000 won per 20,000 won per 20,00 won per auction.

G. Thereafter, on January 7, 200, the Plaintiffs filed an application for the correction of the registered matters with a size of 99 square meters in the forest of this case, which is the area of 1,326 square meters in the current forest map, along with the written consent of the abandoned source as an interested party of neighboring land, with the area of 1,326 square meters in the forest of this case, and received the correction of the registered matters with a size of 1,326 square meters in accordance with the contents of the application, and filed an application for correction of the area of 1,326 square meters in the register with the Jeonju District Court on March 15, 200.

H. Meanwhile, on May 8, 1999, the Defendant filed an application for correction of the area with respect to the area of 1304-1 road 27,920 square meters in Seojin-gu, Seoul Special Metropolitan City with the neighboring forest and the instant forest and filed a correction in accordance with the content of the application. The Defendant received correction in accordance with the content of the application. The area of 108 square meters in size (27,920 square meters - 27,812 square meters in size) that has been reduced due to the application was absorption into the area correction (1,326 square meters in size) of the instant forest and field (1,326 square meters in size).

2. Judgment on the plaintiffs' assertion

The plaintiffs asserted that the possession portion of the forest of this case was part of the forest of this case by correcting the size in the forest land register of this case, and since the defendant currently opened a road without any title to the possession portion of the defendant and illegally occupied it, the defendant's possession portion is delivered to the plaintiffs who are the owners of the forest of this case, and the defendant's obligation to pay unjust enrichment of the forest of this case, such as the purport of the claim, from June 21, 1994 to the above delivery.

Therefore, the number, land category, area, etc. of the land of this case shall be specified in the cadastral record, and in particular, the area shall be specified in the cadastral record. According to the above recognition facts, the forest of this case, which is the object of the compulsory auction, was divided from the forest before subdivision to 30 square meters, and registered as 9 square meters in the cadastral record and register, the area in the cadastral map at the time is 574 square meters due to the error in surveying in the process of dividing the forest of this case, and the forest of this case, which is the object of the said compulsory auction, shall be 1,326 square meters in the current cadastral map in the process of dividing the forest of this case and the boundary confirmation with neighboring land, while the error was not corrected again, the area of the forest of this case shall not be specified as the area in the forestry map prepared differently from the actual divided area in the cadastral record at the time of the auction, and the area of the forest of this case shall not be part of the forest of this case as part of the forest of this case is 99 square meters in other cadastral record.

On the other hand, even if the plaintiffs' assertion that the forest land of this case is located within the part of the defendant possession, there is no evidence to acknowledge such assertion.

Therefore, the plaintiffs' assertion based on the premise that the defendant possession part of the land of this case is part of the land of this case is without merit.

3. Conclusion

Thus, the plaintiffs' claim is dismissed as it is without merit.

Judges Kim Byung-sik