The Defendant connects the Plaintiff with each point of the attached Form No. 5, 2, 7, 6, and 5, among the area of 324 square meters in Seocheon-si.

1. Basic facts

A. The Plaintiff is the owner of the D large-scale 324 square meters (hereinafter “instant land”). The Defendant is the owner of E large-scale 288 square meters adjacent to the instant land and the owner of the instant land.

B. In that sense, the fence of the housing owned by the Defendant was constructed on the ground of the part (b) part (b) of 8 square meters connected with each point of the attached Form 5, 2, 7, 6, and 5 (hereinafter “land in dispute of this case”) in sequence, and the boundary of the land of this case is invaded.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the result of this court's commission of appraisal to the head of the Chungcheong District Headquarters of the Republic of Korea, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to remove the fence constructed on the ground of the land in the dispute of this case and deliver the land in the dispute of this case to the plaintiff, barring special circumstances.

B. The defendant alleged that the land of this case and the land owned by the defendant were located on the ground of the land in this case since 1985 when the defendant had obtained approval for the use of the land of this case, and that the boundary between the land was due to technical errors, and that the boundary between the land should be based on the actual boundary, and that the defendant did not have any obligation to remove the fence and deliver the land in this case.

If a parcel of land is registered with one parcel in the cadastral record under the Cadastral Act, the location, subdivision, land category, land category, and boundary of the land shall be specified by this registration unless there are other special circumstances, and the scope of ownership shall be determined by the boundary in the public record regardless of the actual boundary.

Therefore, it is the principle that land transactions are subject to the sale of land which is confirmed by the boundary of the cadastral record and the cadastral record regardless of the actual boundary.

However, the boundary of cadastral map is different from the true boundary line due to technical errors, such as the error of selecting the base point in preparing the cadastral map.