경계확정 등 청구의 소
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The plaintiff (Counterclaim defendant) who changed the exchange in this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be acknowledged either in dispute between the parties, or in full view of the purport of the entire pleadings as a result of a request for measurement and appraisal to appraiser E by the first instance court, with respect to the following facts: Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 3 and 4, each of the images of Gap evidence 3 and 4,
The Plaintiff owns a building listed in paragraph (2) of the real estate list (hereinafter referred to as “Plaintiff building”) constructed on the Jongno-gu Seoul Metropolitan Government land for 69.4 square meters (hereinafter referred to as “Plaintiff’s land”) and its ground, and the Plaintiff completed the registration of ownership transfer on the ground of sale on September 29, 1979 as Seoul Central District Court No. 41434, Dec. 29, 1979.
The Defendant owns D & D 66.1m2 (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land.
On April 21, 2016, the defendant completed the registration of ownership transfer on the ground of inheritance by consultation and division as Seoul Central District Court No. 17173, Feb. 9, 2016.
B. Around June 2016, the Plaintiff was performing a interior wall construction on the Plaintiff’s building. However, the Defendant constructed a retaining wall by asserting that part of the Plaintiff’s building infringed on the Defendant’s land (attached Form 4), along with the line between the lower court and the lower court’s decision.
2. Determination on the main claim
A. In full view of the reasoning of the judgment as to the claim for confirmation of boundary, and the purport of the entire pleadings as to the appraiser E of the first instance court, it is recognized that the line (attached Form 2) connecting each boundary point mark on the boundary restoration survey result also corresponds to the boundary line in the cadastral map of the Plaintiff’s land and the Defendant’s land, and according to the above recognition facts, the boundary of both land should be determined as above.
나. 소유권이전등기절차이행청구 및 대지인도청구에 대한 판단 ⑴ 당사자의 주장 요지 ㈎ 원 고 원고토지와 피고토지의 경계가...