대지경계확인
Of the instant lawsuit, the boundary of 4,463 square meters calculated by subtracting 57 square meters from 4,520 square meters in Pyeongtaek-si B forest land among the instant lawsuit is indicated in the attached Form 2 drawings 1, 10, 9, and 8.
1. Basic facts
A. The Plaintiff is the owner of Pyeongtaek-si B forest land 4,520 square meters (hereinafter “B forest land” before registration conversion, and when referring to B forest land before registration conversion, hereinafter “E forest land”). The Defendant is the owner of Pyeongtaek-si road 255 square meters and D road 109 square meters (hereinafter “C road”) adjacent to B forest land.
B. The forest land E was registered as B forest land upon the Plaintiff’s application for registration conversion on July 31, 2015, when the instant lawsuit was pending.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the part of the claim for boundary confirmation
A. The gist of the Plaintiff’s assertion 1) ① The Defendant changed the part of the Donggra in the original forestry map (which connects each point of Nos. 3, 11, 15, 18, and Nos. 1 through 8 of the Map Nos. 2) to the boundary (Evidence No. 9, 10, 12, 16, 26 of the Act) of a new forestry map without any notification or ground, as shown in the Appendix No. 3 with respect to the boundary of E forest and land, C road, and D road, as to the boundary of the original forest and land, the part which connects each point of No. 2, 3, 4, and 2 of the three-dimensional area among the boundary of E forest and land and D road, and the part which connects each point of No. 2, 4, and 2 of the
(2) In addition, as the Defendant did not remove the unauthorized building on the road, and the passage to C road was not possible, on September 29, 1998, the size of the 535m (=5m width x 107m in length and 107m in length, hereinafter “the part of paragraph (2)”) of the part adjacent to C road among E forest and fields, which was cut off by the F and G square agents of electric housing construction on September 29, 1998.
The boundary of E forest land was invaded due to the construction of the illegal roads and the use of the above illegal roads as the current passage roads.
Accordingly, the E Forest is set on the E Forest and C Road boundary within about five meters from the E forest to the direction of the E forest than the original boundary of the forest.
Therefore, according to the boundary line of the original forestry map, the boundary line of E forest land.