1. The Seoul Jongno-gu Seoul (Counterclaim Defendant) is not less than 69.4 square meters and the above D large 66.1 square meters owned by the Defendant (Counterclaim Plaintiff).

1. Facts of recognition;

A. The Plaintiff owns the building indicated in the attached list of real estate constructed on the land of Jongno-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s land”) and the attached list of real estate (hereinafter “Plaintiff’s building”), and the Defendant owns the above D large 66.1 square meters adjacent to the Plaintiff’s land, respectively.

B. The Plaintiff asserts that the retaining wall built by the Defendant was built in duplicating the Plaintiff’s land, and the Defendant asserts that part of the Plaintiff’s building was invaded by the Defendant’s land, and there is a dispute as to the boundary of both land between the parties.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including paper numbers), Eul evidence 1 and 2, Eul evidence 1 and 2, the result of the request for surveying and appraisal by this court, the purport of the whole pleadings

2. Determination on the main claim

A. A lawsuit for determination of boundary regarding a boundary confirmation claim is a so-called formal formation lawsuit, and where a lawsuit for determination of boundary is filed as to a dispute as to the boundary line of adjoining land, the court shall determine the boundary as deemed true without being bound by the boundary line claimed by both parties. In addition, the boundary line refers to the parcel number certified as a public figure and the boundary line of a parcel number, and it does not mean the boundary line of private ownership. Thus, if a specific land is registered with one parcel of land based on the cadastral record, the location, parcel number, land category, land register, and boundary of the land were determined by this registration, unless there are any special circumstances.

Therefore, the scope of the land shall be determined by the boundary on the cadastral record, and in preparing the cadastral map, the boundary of the land shall be determined by the actual boundary, etc. only when there are special circumstances due to the technical errors, such as the wrong selection of the base point, etc.

He returned to the instant case and in light of the foregoing legal doctrine, I reviewed the instant case.