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(영문) 부산지방법원 2016.08.17 2015나10018
담장경계확정
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 28, 197, the Plaintiff completed the registration of transfer of ownership with respect to the land of Gangseo-gu Busan Metropolitan Government C, 347 square meters (hereinafter “land before division”).

B. On September 25, 1979, the defendant completed the registration of ownership transfer with respect to the portion of 122/347 shares of the land subject to the prior partition.

C. On the ground of the land before the division, around 1977, there was a fence of the line connecting each point of 12, 14, 15, 16, and 6 with the indication of the annexed drawings (hereinafter “instant fence”).

The part (A) inboard (hereinafter “the land”) that connects each point of the 2, 3, 4, 5, 16, 15, 14, 13, and 2, which is located on the upper side of the wall of this case with the boundary of the wall of this case, shall be 186 square meters in sequence.

(D) Part 32 square meters on board (hereinafter “catch land”) which connects each point of 1,2,13,14,12, and 1 of the same drawing indication in sequence.

(E) part (e) of 5 square meters inboard (hereinafter referred to as “the land at sea”) which connects each point of 5, 6, 16, and 5 with the indication of the same drawing.

[) The Plaintiff’s possession is divided, and the land (attached Form 14, 15, 16, 17, 18, and 14) on the lower side below the Plaintiff’s possession is 4m2 (B) in the ship that connects each point in sequence.

(C) Part 12, 14, 18, 17, 16, 6, 7, 8, 9, 10, 11, and 12 of the indication of the same drawing(s) are 12, 14, 17, 16, 6, 7, 8, 9, 10, 11, and 12,

[A] The Defendant occupied the Defendant separately. D.

The land before division was owned D, and the fence of this case was divided into two parts with the boundary, and each house was constructed on the ground.

The plaintiff and the defendant purchased and possessed each part of them. However, the relationship between the plaintiff and the defendant did not have a subdivision in the process of transferring the registration.

The registration of transfer of ownership in the name of the plaintiff was first made for the whole land subject to the division before the division, and then the registration of transfer of ownership corresponding to the area occupied by the division by the second unit is made.

(b) the name of the defendant, as provided in paragraph (3).

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