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(영문) 서울남부지방법원 2015.11.27 2015나50991
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff’s primary survey, etc. on the land owned by the Plaintiff (i) is Gyeonggi-si K (hereinafter “K”) located in Gyeonggi-gu, which is permanently located.

L) 60 square meters prior to L, 1,065 square meters prior to M, B B 1,458 square meters prior to L (hereinafter “each land prior to partition”).

A) Around August 2001, the Plaintiff owned the said land, and each of the said land was adjacent to the F road owned by the Republic of Korea. (2) Around August 2001, the Plaintiff requested the Gyeonggi-do Branch of the Gyeonggi-do headquarters of the Gyeonggi-do under the jurisdiction of the Defendant (the Gyeonggi-do headquarters was changed to the Yangyang-gun branch office; hereinafter “Defendant-do branch office”) to conduct a boundary restoration survey on the size of 60 square meters and B preceding 1,458 square meters, among each land before the division, and a cadastral engineer G under the jurisdiction of the Defendant conducted a survey on August 20, 202.

(3) On August 21, 2001, the Plaintiff obtained a survey result map (Evidence 1-1 of the evidence No. 1), and around that time, installed a retaining wall and a stone fence in the vicinity of the boundary of each land before subdivision and the F-road (hereinafter “the first retaining wall, etc.”).

B) Around January 2002, the Plaintiff: (a) requested land division surveying on each land before subdivision to the branch office of Yangyeong-gun under the Defendant; and (b) a cadastral engineer N on January 3, 2002, who belongs to the Defendant, delegated land division surveying on each land before subdivision; and

1. 5. Survey was conducted

(2) On January 8, 2002, the Plaintiff received survey result map (No. 1-2) from the Defendant’s office, and applied for the subdivision and land category change to the competent authority prior to subdivision. Accordingly, on February 16, 2002, the Plaintiff was divided into KRW 20,065, and KRW 55,000,000, KRW 1,458,000, KRW 20,000,000,000, KRW 1,458, and KRW 83,000,000, KRW 20,000,000,0000, KRW 20,0000, KRW 55,000,000, KRW 83,000,000, KRW 20,000,000, KRW 20,000,000, KRW 83,000,000.

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