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(영문) 대구지방법원경주지원 2017.09.05 2015가단13945
토지경계확인의 소
Text

1. At the time of the racing owned by the Plaintiff, the land boundary of 661 square meters for D forest land and 5785 square meters for E forest land at the time of racing owned by the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Plaintiff-owned, and the 5785 square meters of forest land E (hereinafter “E”) are adjacent to each other, on the racing-si, for which the Defendants owned one-half shares of each of the said land. The Plaintiff and the Defendants have a dispute over the boundary of each of the said land.

B. The boundary of each of the above lands is a straight line connecting each point in the table 1 and 8 of the annexed drawings.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 10 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the appraiser F of this court, and the result of each request for measurement appraisal against G, the purport of the whole pleadings

2. According to the above facts, the boundary line of D land and E is a straight line that connects each point of No. 1 and No. 8 of the Attached Form No. 1 and No. 8. Since there are legal interests between the Plaintiff and the Defendants in dispute over the boundary of D land and E land, the boundary line of D land and E land shall be determined as a straight line that connects each point of No. 1 and No. 8 of the Attached Form No. 1 and No. 8.

3. If so, the boundary of the land D and E shall be determined as above, and the costs of the lawsuit shall be borne respectively by taking into account the characteristics of the lawsuit for land boundary confirmation, the progress of the lawsuit, etc., and it is so decided as per Disposition.

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