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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of Daegu Dong-gu D-gu 224 square meters (hereinafter “instant D land”), and E is the owner of C large 430.1 square meters (hereinafter “instant land”).
B. Among the above lands, the land B prior to the partition, which is a State-owned land (limited to the land which was 881m2, but was divided into the instant cadastral reexamination and divided into B roads, which was 635.7m2; hereinafter “instant road”) was located, and the Plaintiff and E, etc. have been used as access roads.
C. In accordance with the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”), the Defendant established an implementation plan for the cadastral resurvey project in which the Daegu-gu and 133 lots (G district; hereinafter “instant project district”) are the project district, and filed an application for the designation of the project district with the Daegu Metropolitan City Mayor upon receipt of the landowner’s written consent to designate the project district.
On March 21, 2016, the Daegu Metropolitan City Mayor announced the instant project district as the cadastral resurvey project district. D.
Since August 2016, the Defendant conducted the cadastral resurvey in the project district from August 2016 to December.
E. While the pertinent cadastral resurvey project is underway, the Plaintiff and E agreed to set up a cadastral boundary with the content of incorporating part of the road of this case, which is access road into their own land, and submitted the written agreement to the Defendant on September 16, 2017.
F. After that, the Defendant: (a) entrusted a cadastral surveyor qualified under the Cadastral Resurvey Act to conduct a field survey; (b) re-established the boundary; (c) accordingly, the boundary of the said land was re-established centering on the line that connects each point of (i), (ii), (iii) the same boundary of the instant land, as indicated in Appendix 1-2.
종전 이 사건 C 토지의 동쪽 경계는 ⓐ, ①, ⓕ, ⓑ, ⓒ, ⓔ의 각 점을, 이 사건 D 토지의 서쪽...