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(영문) 부산지방법원 2018.10.12 2017나6402

건물등철거

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the part of the judgment of the court of first instance, except for the dismissal of part of the reasoning of the judgment of the court of first instance as follows 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. The part of the judgment of the court of first instance, 3-4-5 Myeon-dong in the part of the judgment of the court of first instance, stating that “A site owned by the Plaintiff is 17 m2.6 m2,6 m2,000 that is larger than 17 m2.6 m2,000 on the register,” “A site owned by the Plaintiff is 38.6 m2.6 m2,000 that is larger than 36 m2.6 m2,000 on the register,” and “A site area owned by the Plaintiff is 19.6 m2,000 and D site area is 36 m2,000.” However, the written opinion of the court of first instance, on June 7, 2017, Nam-gu, Busan, stating that the Plaintiff submitted a written opinion to request correction of the cadastral confirmation report of the above content to the Plaintiff.”

In the first instance judgment, the Plaintiff’s assertion cannot be accepted accordingly. Furthermore, according to the result of the commission of appraisal (including supplementary appraisal) to the Korea Land Information Corporation (hereinafter “Korea Land Information Corporation”) on the land owned by the Plaintiff and the Defendant, even if it is based on the result of organizing a new official cadastral record as it is in possession of the land owned by the Plaintiff and the Defendant through the cadastral resurvey, it can be recognized that the size of the land owned by the Plaintiff, which is adjacent to the Defendant’s land, is 17 square meters. Thus, it cannot be readily concluded that the fact that the Defendant’s land was increased compared to the size stated in the registration book on the Defendant’s land alone that the land owned by the Defendant was invaded by the Plaintiff’s land owned by the Plaintiff. Therefore, the Plaintiff’s above assertion is without merit.”

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is this.