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(영문) 서울고등법원 2019.10.30 2018나2059558
손해배상
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment by the court concerning this part of the basic facts is that the corresponding part of the reasoning of the judgment of the court of first instance (hereinafter “1. Basic Facts”) is the same as the corresponding part of the reasoning of the judgment of the court of first instance, in addition to the dismissal of the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited including

[Attachment] Part] The second part of the first instance judgment "G" in Part 18 of the second part shall be raised to "F".

Part 3 of the judgment of the first instance court (hereinafter “Defendant Corporation”) states “(the name was changed from the Korea Cadastral Survey Corporation on June 4, 2015; hereinafter “Defendant Corporation”)” as “(the name was changed from the Korea Cadastral Survey Corporation on June 4, 2015).”

No. 14 and 15 of the judgment of the court of the first instance are as follows: "Installation of a stone shed with a height of approximately 1.5 meters according to the boundaries following the boundary."

Part 3 of the decision of the first instance court, the F land in the 15th sentence is raised as “the F land in this case”.

In addition, between "E" and "E" in Part 15 of the decision of the court of first instance, "In Mancheon District Court 2008Na20904, 20911 (combined)" is added and "In Mancheon District Court 2008Na20904, 20911 (Joint)" is added to "In Mancheon District Court."

Part 5 of the decision of the first instance court, "the land 2 of this case" in Part 16 of the decision of the first instance shall be "the land 2 of this case".

The second part of the judgment of the court of first instance is "redelivery" in the first part of the judgment of the court of first instance, and the second part is added "[Supreme Court Decision 2010Da11606, 11613 (Joint)]."

Part 6 of the judgment of the first instance court is to add "return" to "Sacheon District Court 2012Na16568, 16576, 22419 (Counterclaim)".

Part 6, part 17, 18 of the judgment of the court of first instance shall be referred to as "including, hereinafter the same shall apply."

The phrase “videos of evidence No. 40” shall be added between “entry,” and “dives” in Part 6 of the judgment of the first instance.

2. Judgment as to the main claim

A. Defendant B’s summary of the Plaintiff’s assertion was in violation of relevant laws and regulations in the course of surveying January 14, 2008, and thus, there was a stone shed from about 100 years before the boundary of the instant case, but the said stone shed was indicated as a cadastral control point.

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