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(영문) 수원지방법원 성남지원 2017.03.10 2015가단26695
경계확정
Text

1. The boundary of 46,346 square meters of E forest land and 10,367 square meters of forest land in Gwangju-si owned by the Plaintiffs is annexed to the boundary of 10,367 square meters of forest land.

Reasons

Basic Facts

A. The Plaintiffs jointly own E Forest land E 46,346 square meters (hereinafter “instant one”) in Gwangju-si, and the Defendants jointly own 10,367 square meters of forest land in Gwangju-si adjacent to the said land (hereinafter “instant two land”). The Defendants jointly own each of the instant land, including the instant 1 and 2 land.

B. The plaintiffs and the defendants are disputing each other on the boundary of each land of this case.

[Reasons for Recognition] In a lawsuit for confirmation of land boundary as to a claim for confirmation of boundary of the overall purport of pleading, Gap evidence 1, 4-1, 2-2, and a claim for confirmation of land boundary as to a claim for confirmation of boundary of the whole pleadings, it is necessary to clearly indicate whether the boundary in the cadastral map falls under any part of reality by selecting a certain point within the land owned by the defendant as a basis point and by specifying the location according to direction and distance, etc. based on this basis, and the boundary must be determined under the conditions as acknowledged to be true by themselves, not bound by the boundary between the parties concerned (see, e.g., Supreme Court Decision 93Da41792, 41808, Nov. 23, 1993). In full view of the purport of the entire arguments as to the request for measurement and appraisal of the Gwangju branch of the Korea Land Information Corporation, the facts constituting each part of the land of this case can be acknowledged.

Therefore, the boundary of each land of this case shall be determined as above, and it is so decided as per Disposition.

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