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(영문) 대전지방법원논산지원 2015.05.28 2013가단1726
경계확정
Text

1. The boundary of B forest No. 9,917 square meters and C forest No. 199,240 square meters in Seosan-si owned by the Plaintiff is annexed to attached Form 2.

Reasons

Basic Facts

A. The Plaintiff was the owner of C Forest land 199,240 square meters (which is the forest land remaining after dividing B forest land and D forest land on December 11, 1970 in the C forest land before the division; hereinafter “instant forest”) and B forest land 9,917 square meters (which is divided into C forest land before the division, on December 11, 1970; hereinafter “instant forest land 2”).

B. On December 22, 1970, the Plaintiff sold one-fourths of the instant forest land to the E, F, G, and H (hereinafter collectively referred to as the above four persons, and four members including H, etc. sold one-fourths of each of the instant forest land. On December 24, 1970, the Plaintiff completed the registration of ownership transfer for one-fourths of each of the instant forest land among the instant forest land No. 1 on December 24, 1970.

C. E died on December 19, 1996, and his heir has I, Defendant J, K, L, and M (each child).

I was declared missing on May 5, 201 due to the expiration of the period of disappearance on August 31, 1984 and was declared missing on May 5, 201, and his heir has Defendant N (spouse) and DefendantO (child).

G was deceased on June 12, 1989, and his heir had Defendant P (spouse), Defendant Q, R, and S (each child).

E. The F died on February 17, 1974, and its inheritor has the Defendant T, U, V, W, X,Y, Z(each child).

F. He died on May 20, 1991, and his heir has Defendant AA (spouse), Defendant AB, AC, AD, AE, AF, AG, and AH ( their respective children).

[Ground of recognition] Gap evidence Nos. 1 through 12 (including branch numbers), Eul evidence No. 2-1; Eul evidence Nos. 1-1; the plaintiff's overall purport of pleading is asserted; the boundary of the forest land No. 1 and the forest land No. 2 of this case are linked to each point of the annexed drawing No. 4, 1, 2, and 3; and the boundary of the land No. 2 of this case has been falsely prepared in the cadastral map; thus, a judgment like the purport of the claim is sought.

Judgment

(a) In a lawsuit for confirmation of land boundary, the court shall choose a certain point within the land owned by the original and the Defendant as a base point, and on this basis, specify the location according to the direction and distance, etc., in reality.

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