Where it is impossible to find a base point according to the method of surveying at the time of registration due to changes in land circumstances, the method of surveying for boundary restoration;

A survey conducted to restore a boundary on the basis of Article 45 of the Enforcement Decree of the Cadastral Records Act shall be conducted by the same method as the survey at the time of registration, but if the base point according to the method of survey at the time of registration cannot be found due to changes in the situation of the land, the restoration of boundary shall not be done by the plane table survey based on the topographic point.

Article 25 of the Cadastral Act, Article 26 of the Cadastral Act, Article 45 of the Enforcement Decree of the Cadastral Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Gyeong-soo et al., Counsel for plaintiff-appellant)

[Defendant-Appellant] Defendant 1

Defendant-Appellant (Law Firm Han-sung, Counsel for defendant-appellant)

Busan District Court Decision 89Na2995 delivered on October 25, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. In comparison with the reasoning of the judgment of the court below with the record, the fact-finding by the court below that the defendant installed a fence on the line 2, 3, and 41 meters of the attached drawing of the judgment of the court below among the land of this case (name 1 omitted) in the Seo-gu, Seo-gu, Busan, and the fact-finding by the court below, which held that the part 41m of the appeal is occupied, shall be acceptable, and it shall not be deemed that the

2. Pursuant to Article 45 of the Enforcement Decree of the Cadastral Records Act, a survey conducted to restore a boundary on a real basis shall be conducted in the same way as the survey conducted at the time of registration at the time of registration. However, the court below did not recognize the defendant's assertion that if the land of this case is restored to a boundary by the plane table survey method based on the base point when the land of this case was divided into the land ( Address 2 omitted) and registered in the cadastral map, if the land of this case is restored to the boundary on a real basis by the plane table survey method based on such base point, the land of this case in the annexed drawing (Ga) belongs to the land owned by the defendant ( Address 3 omitted). In light of the current status of the land of this case, the court below's evidence preparation and fact-finding cannot be justified, and this cannot be justified.

3. In addition, since the court below recognized the opposing facts of the theory of lawsuit additionally, the determination on whether this part is appropriate shall not affect the outcome of the case, and if the land of this case cannot find the base points at the time of registration due to the change of circumstances, the restoration of boundary shall be done by the plane table surveying method based on the topographic points.

4. Therefore, there is no reason to issue the issue.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-chul (Presiding Justice)