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(영문) 수원지방법원 2017.01.19 2016가단1959
경계확정
Text

1. The land boundary of 734 square meters prior to D in Sung-si owned by the Plaintiff and 84098 square meters in E forest land in Sung-si owned by the Defendants shall be prepared in annexed Form.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 734 square meters prior to D in Sung-si (hereinafter “Plaintiff’s land”). The Defendants are co-owners of 8409 square meters of E forest land in Sung-si (hereinafter “the Defendant’s two land”).

B. According to the cadastral map, the Plaintiff’s land is deemed to have its boundary as shown in the annexed sheet.

However, according to the forestry map, the Plaintiff’s land is included in the Defendants’ land.

C. The Plaintiff’s land and the Defendant’s land are “land subject to revision of the registered matters” on the land cadastre and are impossible to conduct accurate surveys.

(A)the Korea Land Information Corporation has received a reply that it is unable to conduct a survey, and the survey appraisal has not been conducted;

D. The Defendants did not submit the instant complaint that sought the boundary between the Plaintiff’s land and the Defendants’ land as shown in the attached Form, even if they were lawfully served.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and purport of the premise of pleading

2. According to the above facts of recognition, it is reasonable to determine the boundaries of the Plaintiff’s land and the Defendants’ land as the line connected with each of the items of the attached drawings 1, 2, and 3, such as the descriptions in the cadastral map.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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