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(영문) 서울북부지방법원 2020.09.11 2018가단5314

경계확정의 소 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the F 138.2 square meters in Jung-gu, Seoul (hereinafter “Plaintiff’s land”) and the housing on its ground. The Defendants are the owners of E-gi 147.1 square meters in contact with the said land boundary (hereinafter “Defendant’s land”) and the owners of newly-built house on its ground.

B. On October 15, 197, the deceased G, the spouse of the Plaintiff (hereinafter “the deceased”) purchased the Plaintiff’s land and its ground land, and completed the registration of ownership transfer on October 28, 197, and died while residing with the Plaintiff in the said housing from that time. The Plaintiff completed the registration of ownership transfer on the Plaintiff’s land and its ground land by agreement and division as of December 19, 2003.

C. The boundary of the Plaintiff’s land and the Defendants’ land had a concrete fence of approximately 6 meters. However, around September 2017, the Defendants removed the existing housing to newly construct the housing on the Defendants’ land, and removed the degree of 3 meters out of the said fence.

D was sentenced to a fine of KRW 500,000 due to a boundary offense, etc.

(C) Sungnam District Court 2019, 199), d.

On February 23, 2018, Defendant B prepared a document to the Plaintiff that the Plaintiff would establish and offer a department-based fence due to the new construction work.

E. Meanwhile, the part (A) of the ship connecting each point in the order of 5, 8, 9, 10, and 5 attached Table 1 is located in the Defendants’ land. The part (B) of the ship connecting each point of 0.8 square meters in the same order of 11, 4, 12, and 11 is located in the Plaintiff’s land.

(A) The court's appraisal commission to the Seoul Northern Vice Governor of the Korea Land Information Corporation (which means the basis for recognition). [Attachment] A's each statement and image (including paper numbers), the appraisal commission to the Seoul Northern Vice Governor of the Korea Land Information Corporation, the significant facts in this court, and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiff's assertion is 0.00.00.00.00.00.00.00.00.00.00.