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(영문) 대구지방법원 2015.11.12 2013가합8681
임야경계확인 및 손해배상
Text

1. The part of the Plaintiff’s claim for land boundary confirmation in the lawsuit against Defendant Korea Land Information Corporation shall be dismissed;

2. Young-si.

Reasons

1. Basic facts

가. 영천시 C 임야 1,884m^{2 } (이하 ‘이 사건 원고 토지’라 한다)와 이와 인접해 있는 D 임야 14,733m^{2 } (이하 ‘이 사건 피고 토지’라 한다)는 1930. 12. 1. E 토지에서 분할(D 내지 F 토지로 각 분할되었다)되었다.

The registration of ownership transfer was completed in the name of the Plaintiff on December 13, 1993, and the registration of ownership transfer was completed in the name of the Defendant B on November 17, 1997.

B. The Plaintiff performed a stop work in order to set up a farming shed on the Plaintiff’s land. During that process, there was a dispute over the boundary between Defendant B and the reality. Accordingly, the Defendant Korea Land Information Corporation (hereinafter “Defendant Corporation”) entrusted a boundary restoration survey on each of the instant land to the Korea Land Information Corporation (hereinafter “Defendant Corporation”) and conducted a survey on the boundary between the Plaintiff’s land and the Defendant’s land (hereinafter “instant survey”) by means of the present-type survey based on the surrounding base points on March 29, 2013.

According to the intellectual business management regulations, the current cadastral surveying law may be used in areas with a scale of 1:100 or less, and the scale of the forestry map concerning each of the instant lands is 1:600.

The results of the instant survey conducted by the Defendant Corporation in accordance with the current survey method are indicated in the attached Form 3 (the instant survey).

C. The Plaintiff paid 314,600 won to Defendant Corporation at the instant survey cost.

This court conducted a new appraisal of the boundary restoration surveying in the lawsuit of this case and conducted a boundary restoration surveying in accordance with the appraiser G's results of the appraisal of the boundary restoration surveying, G was conducted in accordance with the present land map and conducted a boundary restoration surveying in accordance with the present land map after measured the existing points (the current status of the actual location H, I, J, K, L, L, M, M, N, P, P, Q, Q, Q, R, T, U,V, W, and X-day located in the presence of the plaintiff, and the results are as shown in the annexed land map (survey map).

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