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(영문) 전주지방법원 2015.11.19 2015나543
철거 및 토지인도 등
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following parts which are either changed or added, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the second side of the judgment of the court of first instance, the part "(c)" in paragraph (1) shall be read as "(c) land".

Part 8 (B) of the judgment of the first instance court shall be referred to as "part 8 (b)".

At the bottom of Part 3 of the judgment of the first instance court, the "No. 6 (including the paper number)" in Part 4 shall be read as "No. 6, 8, 9 (including the paper number)".

From the third side of the judgment of the first instance court, the part "(c)" of the first instance shall be read as "(c) land".

Part 4, 2, and 3 of the decision of the first instance court shall be "(c)" in each part of the "(c) land."

Part VII through VI of the judgment of the first instance court shall be deleted, and the following parts shall be added at the same time:

"(4) The boundary of the land in this case and E shall be determined by the registration of the land in the cadastral record under the Cadastral Act that a certain land should be determined by the actual boundary, not by the cadastral map, if the land is registered with one parcel of land in the cadastral record, barring any special circumstances, the location, parcel number, land category, land category, and boundary of the land shall be specified by this registration, and the scope of ownership shall be determined by the boundary of the public record regardless of the actual boundary. However, in the preparation of the cadastral map, if there are special circumstances, such as where the boundary in the cadastral map was prepared differently from the true boundary due to technical errors, such as erroneous selection of points, etc., in the preparation of the cadastral map, the boundary of the land shall be determined by the actual boundary (see, e.g., Supreme Court Decision 92Da5287, Apr. 13, 193).

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