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(영문) 서울고등법원 2015.05.01 2012재나1016

경계확정

Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The judgment of the first instance shall be amended as follows:

Plaintiff

Land owned by Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “instant land”) and 285 square meters;

(a) The line that connects 7 points of the same map display, such as 1 point on the same map display, 17 point on the direction of G land, from 17 points on the same map display, which is 8.4 meters away in the direction of G from 17 points on the same map, as 9.83 meters in the direction of G, with the boundary of H 238 square meters and 139 square meters owned by Defendant C;

B. The line that connects the boundary of J 109 square meters and J 109 square meters owned by Defendant D to 10 points in the corner of the building on the ground of the V land from 10 points in the same drawing, 5.73 meters in the direction of J land, 3 points in the same drawing as 2 points in the same drawing, and 4 points in the same drawing, in sequence;

C. The boundary between the 5 points indicated in the same drawings and 12 points indicated in the same drawings, which are the corner of the building on G ground, and the 5 points indicated in the same drawings, which are 2.1m distance from 13 points in the direction of the corner of the building on G, and the 6 points indicated in the same drawings, which are 1.39m distance from 14 points in the same drawings, which are the corner of the building on L ground, owned by Defendant E, and the 1.39m distance from 14 points in the same drawings, which are 1.39m distance in the direction of N road;

D. The line that connects the two points above and above two points to the boundary of M-road 1,541 square meters and above owned by Defendant Republic of Korea;

E. The boundary of N. 4,594 square meters and the boundary of N. 4,594.4 square meters owned by the Defendant Seoul Special Metropolitan City shall be the line linking the above 6 points with the above 7 points, each. A.

On May 24, 2012, the appellate court rendered a judgment subject to a retrial as follows against the Defendants (Seoul Central District Court 2010Gahap1352) against the Plaintiff’s lawsuit for confirmation of boundary filed against the Defendants (Seoul Central District Court 2010Gahap1352).

B. The Plaintiff appealed and appealed by Supreme Court Decision 2012Da52410, but the judgment subject to a retrial became final and conclusive on September 13, 2012 by dismissing the appeal.

2. Determination as to the legitimacy of the suit for retrial of this case is made.