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(영문) 대구고등법원 2016.07.13 2015나24608

임야경계확인 및 손해배상

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On December 1, 1930, C Forest Land 1,884 square meters (hereinafter “the Plaintiff’s land”) and D forest land 14,733 square meters adjacent thereto (hereinafter “the Defendant’s land”), which is divided into E (D or F land) on December 1, 1930.

The registration of ownership transfer was completed in the name of the Plaintiff on December 13, 1993, and the registration of ownership transfer was completed in the name of the Defendant B on November 17, 1997.

B. The Plaintiff was engaged in the stop work to set up a farming shed on the Plaintiff’s land in this case, and there was a dispute over the boundaries between Defendant B and the Defendant in the process. Accordingly, the Defendant Korea Land Information Corporation (hereinafter “Defendant Corporation”) requested a boundary restoration survey on each of the instant land to the Korea Land Information Corporation (hereinafter “Defendant Corporation”) and Defendant Corporation conducted a survey on the boundary between the Plaintiff’s land and the Defendant’s land (hereinafter “instant survey”) by means of the present survey based on the surrounding base points on March 29, 2013.

According to the intellectual business management regulations, the current cadastral surveying law may be used in areas with a scale of 1:100 or less, and the scale of the forestry map concerning each of the instant lands is 1:600.

The results of the instant survey conducted by the Defendant Corporation in accordance with the current survey method are indicated in the attached Form 3 (the instant survey).

C. The Plaintiff paid 314,600 won to Defendant Corporation at the instant survey cost.

The court of first instance conducted a new appraisal of the boundary restoration surveying in the instant lawsuit, and according to the results of the appraisal of the boundary restoration surveying by appraiser G in the first instance trial, G conducted a boundary restoration surveying in accordance with the instant forestry map after the actual measurement of the present situation (the present status of the current status of H, I, J, K, L, L, M, M, N, P, P, Q, Q, Q, Q, R, T, U, V, W, and X-day located in the actual location) confirmed in the Plaintiff’s presence, and conducted a boundary restoration surveying in accordance with the instant forestry map, and the result is also the result thereof.

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