1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the court’s determination as to the matters alleged by the defendant, which are emphasized by the court of first instance, as follows. Thus, this is cited by applying the main text of Article 420 of the Civil Procedure

2. Supplementary judgment

A. Since the result of surveying the boundary restoration surveying conducted while the defendant's assertion was pending in the lawsuit of this case is not based on the right surveying method, it is unreasonable to view that the defendant violated the boundary of the plaintiff's land of this case.

(b) A boundary restoration survey conducted to restore a boundary in the cadastral map on the basis of judgment must be conducted by the same method as at the time of registration, so the first method of survey at the time of registration shall be followed, second, based on the reference point at the time of registration, and there is no accuracy because the survey method or technology at the time of registration has not developed

Even if the boundary restoration survey is conducted, more detailed survey method is needed by the method of survey at the time of registration.

On the other hand, it cannot be immediately surveyed by the method, and in the case of the subdivision surveying by the plane table surveying based on the base point at the time of the registration, in principle, the boundary restoration surveying shall be conducted on the basis of the base point at the time of registration. However, if it is impossible to conduct the boundary restoration surveying based on the base point at the time of registration because it was impossible to find the base point at the time of registration, the boundary restoration surveying can be conducted on the basis of the base point around the conditions similar to the time of registration based on the partition surveying point. If it is impossible to conduct the boundary restoration surveying by the above method due to changes in the situation of the subject land, the boundary restoration surveying is conducted on the basis of the basic survey.