logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.05.28 2015다5514
손해배상(기)
Text

The judgment below

The part against the Defendants is reversed, and that part of the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Where a parcel of land is registered with one parcel in the cadastral record under the Cadastral Act, the location, lot number, land category, land category, and boundary of the land are specified as this registration, barring any special circumstances, and the scope of ownership is fixed by the boundary on the public record regardless of the actual boundary. Thus, barring special circumstances, barring special circumstances, such as where a party to a transaction does not intend to trade a parcel of land, the scope of ownership of which is determined by the cadastral record, but an intention to trade a parcel of land as de facto boundary, it shall be deemed as the subject of a sale of land, regardless of the actual boundary (see, e.g., Supreme Court Decision 90Da12977, Feb. 22, 1991). Furthermore, even if a party to a transaction knows that the actual boundary of the land is different from the boundary on the public record, it cannot be deemed that a party to a transaction knows that the actual boundary was a boundary on the land, regardless of the boundary on the public record, thereby specifying the object to trade.

(2) In light of the following facts and circumstances, the Plaintiff and the Defendants, at the time of the conclusion of the instant sales contract, deemed that the land, among each of the real estate located above each of the above lands, was the subject matter of the instant sales contract. In light of the following facts and circumstances, the lower court deemed that the Plaintiff and the Defendants, as indicated in [Attachment 1] List 10 and 13 of the lower judgment, recognized as the boundary line outside of each of the real estate listed in [Attachment 2] as the boundary line outside of each of the real estate listed in Tables 10 and 13 of the lower judgment.

arrow