1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as stated in the judgment of the court of first instance, except for the addition of the following judgments as to the matters alleged by the defendant in the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article

2. Additional determination

A. The Defendant asserts to the effect that, as the cadastral survey on the Jeju City Land and its surrounding land, including the instant land portion, was not based on a legitimate cadastral control point, the Defendant erred by the method of survey, and thus, its result cannot be accepted.

A boundary restoration survey conducted to restore a boundary in the cadastral map as a problem of whether a boundary is invaded or not shall be conducted in the same way as the survey conducted at the time of registration, so the first method of survey at the time of registration shall be followed, second, the standard point at the time of survey shall be based, and there is no accuracy because the survey method or technology at the time of registration

Even if the boundary restoration survey is conducted, more detailed survey method is needed by the method of survey at the time of registration.

In principle, a boundary restoration survey cannot be conducted by the method immediately (see, e.g., Supreme Court Decisions 96Da42451, Feb. 14, 1997; 94Da58490, 58506, Apr. 21, 1995; 93Da56381, May 13, 1994). In a case where a cadastral survey was conducted by the plane table method based on the base point at the time of the registration of land, a boundary restoration survey shall be conducted based on the base point at the time of registration. However, if it was impossible to conduct a boundary restoration survey based on the base point at the time of registration because it was impossible to find the base point at the time of registration at the time of registration at the time of registration, a boundary restoration survey may be conducted based on the base point around the surrounding conditions similar to the time of registration at the time of registration based on the unit point at the time of registration.