beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. Where land is registered in the cadastral record, it is presumed that the current status of the land is presumed to be its land category. If the land under the former Cadastral Act alleged by the Plaintiff was registered as one parcel of land in the cadastral record, the location, lot number, land category, land category, and boundary of the land is specified as well as the actual status of the land is presumed to be its land category. The Defendant must prove the fact that the actual status was not a "transfer" because the land category at the time of the construction of the road in this case was "transfer". (ii) In a case where a specific parcel of land determined as a parcel of land is registered as one parcel of land in the cadastral record, the parcel number, land category, land register, and boundary are specified by the registration, and the scope of ownership of the land is determined by the boundary on the cadastral record (Supreme Court Decision 94Da4615, Jun. 16, 1995). Therefore, although the boundary of ownership can be determined by the boundary on the cadastral record, it can only be presumed that the current status of the land is determined by the relevant Act.
The plaintiff's above assertion is without merit.
B. According to the Plaintiff’s appraisal result by the Plaintiff’s appraiser W of this Court as to whether the instant construction was a construction for restoring the instant land to its original state, the farmland among the instant land No. 1 at the time of 1967 was 172 square meters, and the road was 43.8 square meters in total, and thus, the land is 215.8 square meters in dry field or paddy field.