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(영문) 창원지방법원 2014.08.13 2013가단21232
위자료등
Text

1. The land of 291 square meters in the window C of Changwon-si, Changwon-si, the Plaintiff owned, and D large 618 square meters in the window of Changwon-si, the Defendant owned.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the window C of Changwon-si, Changwon-si, 291 square meters (hereinafter “C land”).

B. The Defendant is the owner of D’s counter counter of Changwon-si, Changwon-si, which is adjacent to C’s land, with a size of 618 square meters (hereinafter “D’s land”).

[Ground of recognition] Unsatisfy

2. The Plaintiff asserts that the boundary of land C and D is a straight line that connects each point of the attached Form No. 33, 34, and 19, with respect to the land boundary determination claim.

(A) The line connecting points A and B of the annexed drawing as stated in the purport of the claim that the plaintiff asserts that the land boundary is the boundary falls under the line connecting each point of 3,34,19 indicated in the annexed drawing. In a lawsuit for confirmation of land boundary, the court shall determine the boundary in accordance with the boundary that the land is not bound by the boundary line claimed by the parties, but is deemed true by itself (see, e.g., Supreme Court Decision 93Da41792, 41808, Nov. 23, 1993). In each parcel registered in the cadastral record, the location, lot number, land category, land category, land boundary, and boundary are specified by this registration, and thus, in a lawsuit for confirmation of the boundary between neighboring land, the boundary in the cadastral map shall be determined by the boundary in the cadastral map, unless there are special circumstances such as the cadastral error was made by a technical mistake.

(See Supreme Court Decision 92Da44503 Decided October 8, 1993, Supreme Court Decision 2010Da37059 Decided October 14, 2010). In full view of the result of on-site verification conducted by an appraiser E as a result of a survey and appraisal conducted by an appraiser E, the entire purport of pleadings as a result of fact inquiry conducted by an appraiser E, the location of a boundary in the cadastral map of land C and D land from the Do point 13076-1 to the Do point 13076-35-48, the distance 29.40m from the Do point 13076-1 to the Do point 13076-1 to the 8076-35-02, the distance 29.30m from the 29.30m from the Do point 1307-1 to the Do, it is reasonable to determine this as the boundary of both land.

3. Determination as to the claim of consolation money

A. Attached appraisal as the Defendant owned by the Plaintiff.

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