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(영문) 창원지방법원 2016.02.17 2015나1349

경계확정등

Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff 1) is the party’s status. The Plaintiff 1 is the Plaintiff’s land indicated in [Attachment] List 【H land” (hereinafter “H land”).

Plaintiff B is the owner of the same list, as well as the land (hereinafter referred to as “J land”).

(2) Defendant C is the owner of the sheshed land indicated in the same list (hereinafter referred to as “G land”), and Defendant E is the owner of the land indicated in the same list (hereinafter referred to as “L land”). Defendant C is the owner of each of the lands listed in the same list (hereinafter referred to as “each of the instant lands”).

B. On March 23, 1937, M is deemed to be “land before subdivision” and “land before subdivision” (hereinafter referred to as “land before subdivision”). < Amended by Act No. 4862, Mar. 23, 1937>

After acquiring ownership, N,O, and P purchased each part of the lands before subdivision from M from 1968 to 1970, and occupied and actually owned the outer walls, fences, access roads, etc. of each part of the lands on the ground. 2) The land before subdivision upon request of N,O, and P was divided into L land and G (N), H land (O), J land (P), J land (P), and Q2 land in Haan-gun, Gyeong-gun, Haan-gun, P, around March 7, 1980.

3) On February 6, 1980, the current status survey was conducted to divide the above land. While indicating the result of the current status survey in the cadastral map, the boundary between H land and L land was registered in the line that connects each point of Annex 3, 4, 18, and 5 to the point of column 12, 13, 14, 15, and 3 in the table of column 12, 13, 15, and 3 in which the boundary between HJ land and G land is the same, the Plaintiff acquired the ownership of H land and its ground land on April 16, 201, and the ownership of J land on October 1, 2002, Defendant C acquired the ownership of G land and its ground house on November 28, 198, and Defendant E acquired the ownership of each land on August 30, 202.

C. Even after subdivision 1, the possession status of each of the instant lands continues to exist as it was before subdivision.