손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. At the time of dividing the instant land, the surveying method 1) The instant land B, which was registered on June 16, 1915 with the first land size of 301 square meters before dividing, is divided in the following order: (a) on February 24, 1998, by a cadastral engineer C, who belongs to the office of the Korea Cadastral Corporation, the branch office of the Korea Cadastral Corporation, in order to divide the road into a road planning line, the cadastral engineer C conducts a divisional surveying on May 14, 1998 (hereinafter “instant land”).
(2) At the time of the above subdivision survey, C was surveyed as a surveying method on the current status based on the “base boundary point at the time of the first situation” of the above land, with the relation of “a cadastral map at the time of the first situation” (a cadastral map at the time of the first situation, where it is not easy to conduct a detailed survey solely on the basis of the standard point already installed, as an auxiliary control point that is installed in the event that the datum point is insufficient in the topographical survey) in the neighboring Ndong area, and there was no adjacent point (a supplementary control point that is installed in the event that the datum point is insufficient in the topographical survey, and a standard point that is determined by observing a new horizontal and vertical location).
B. F’s land purchase on August 25, 2001 (F’s land for boundary restoration surveying on September 7, 2001) the Plaintiff purchased the instant land divided as above on August 25, 2001, and completed the registration of ownership transfer on September 10, 201.
(2) On September 7, 2001, Korea Cadastral Survey was conducted on September 7, 2001 by surveying the current status according to the "base boundary point of the Jeju Cadastral Survey", and accordingly, the Plaintiff newly constructed a second-story building (hereinafter referred to as the "instant building") by obtaining a construction permit from the pcheon City Mayor on September 20, 201 according to the results of the said survey. < Amended by Presidential Decree No. 17358, Sep. 8, 2001; Presidential Decree No. 17358, Dec. 26, 2001>