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(영문) 대구지방법원경주지원 2017.11.30 2015가단12058
토지
Text

1. The Plaintiff’s racing 671 square meters prior to D, E forest owned by Defendant B, and F forest owned by Defendant C.

Reasons

1. Facts of recognition;

A. On August 31, 1957, the State (State) was newly registered as the owner on the ground of the completion of repayment on December 31, 1963, and the registration of ownership transfer was completed in the Plaintiff’s cadastral map on a scale of 1/1,200. At present, it is registered in the cadastral map on a scale of 1/1,200.

B. The E forest land is owned by Defendant B. The F forest land is owned by Defendant C. The F forest is owned by Defendant C. The forest land is registered in the forestry map on a scale of 1/6,000, which is all divided from G forest in the original G forest.

C. If the above forestry map is expanded to a scale of 1/1,200 as the above cadastral map and combined with the cadastral map, D previous and E forests are combined with the cadastral map, 330 square meters in size (attached reference also), D previous and F forests are overlapped with 110 square meters in size (attached reference also), and D previous and F forests are overlapped with each other.

On May 1, 2013, the racing city found that the boundaries overlap between the above forestry map and the cadastral map, and notified the plaintiff and the defendants that the land is subject to the revision of the registered matters.

[Ground of recognition] Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the result of the survey and appraisal by appraiser H, the result of the fact-finding on the racing market by this court, the purport of the whole pleadings

2. Comprehensively taking account of the above evidence and evidence Nos. 7, 8, and 9 as well as the overall purport of the arguments as a result of the on-site inspection conducted by this court, the boundaries of D previous convictions and Defendants owned by the Plaintiff and E, and F forest land owned by the Defendants should be determined in the order of reference corresponding to the above cadastral map, which is indicated in the attached Table Nos. 36, 48, 49, 50, 51, 52, 53, and 44.

(1) When the same boundary is registered respectively with different drawings, such as a cadastral map and a forestry map, a principle is to follow the larger scale, unless it was erroneous in the registration of boundary.

[The principle of Modle representative, the former Cadastral Act ( January 26, 2002).

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