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(영문) 대전지방법원논산지원 2020.12.24 2020가단10940

토지경계확인

Text

Of the instant lawsuits, the part of the claim for boundary confirmation shall be dismissed.

The defendant shall establish a factory site D in Chungcheongnam-do, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner who owns a land for factory D 6709m2, F 4718m2, G land for factory, 184m2, and building on each of the above lands. The Defendant is the owner of the land E in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the area adjacent to the above D land (hereinafter “instant land”). In indicating each of the above lands, the Plaintiff is the owner of each of the instant land indicated with each of the above lands (hereinafter “each of the instant lot numbers”).

B. The current status and boundaries of the instant land and the instant land are as indicated in the attached appraisal reference map. The Defendant occupies the land of 279 square meters for factory in the portion of “bb” in the instant land, which connects each point of the attached Table 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 10 in sequence, among the instant land D, to the point of the attached Table 10, 11, 12, 14, 15, 16, 17, 18,

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion and the installation works on the boundary of the land owned by the Defendant are not completed due to the obstruction of the Defendant’s side in proceeding with the fence installation works on the boundary of the land owned by the Defendant. As disputes have been repeated between the parties in relation to the boundary of each of the above lands, the Plaintiff seeks the determination of the boundary of each of the above lands,

3. Determination

A. We examine the legitimacy of this part of the lawsuit ex officio, on the part of the claim for land boundary confirmation.

A lawsuit for confirmation of land boundary is a lawsuit seeking the determination of the boundary by a trial in a case where the boundary of an adjacent land is virtually unclear. According to the result of the appraisal commission with respect to the branch office assigned by the Korea Land Information Corporation, the boundary of the instant land and the instant E land is clearly confirmed that the boundary of the instant land and the instant land is the line connected each point of the attached Table No. 1, 16, 17, 18, 19, 20, 21, 21, 10, 9, 8, and 7, and the Defendant does not dispute the boundary confirmed by the said surveying as above.