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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 16, 1915, B was registered as land for the first time on June 16, 1915, and the first time on which two lot numbers have been successively set. On February 24, 1998, a cadastral engineer C belonging to the office of the office of the Korea Cadastral Corporation, the office of the office of the Korea Cadastral Corporation, which used a map at the time of the situation, was able to identify and identify the surrounding base boundary point after the completion of surveying by using the map at the time of the situation, and was registered in the cadastral record on the basis of topographical features, such as the corner return of the old building, the road gate, and the road gate, etc. on the basis of the topographical features on the ground of B214 square meters on May 14, 1998, D607 square meters on the road, and E17 square meters on the road.
B. On September 7, 2001, the Plaintiff purchased 214 square meters of the B miscellaneous land divided as above on August 25, 2001 (hereinafter “instant land”) from the Plaintiff on the same year.
9. 25. After completing the registration of transfer of ownership, the Korea Cadastral Corporation requested the Korean Intellectual Property Office, the Gwangju Southern Headquarters, the Busan Metropolitan City Headquarters, to conduct a boundary restoration survey to construct a new building on its ground.
On September 7, 2001, F of the cadastral engineer F of the Korea Intellectual Property Office, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Branch, conducted a survey based on the surrounding base boundary point according to the drawings at the time of the circumstances. As such, in conducting a survey as above, the new construction volume of the map at the time of circumstances is -0.6m or -2.8m, so it was not necessary to compute the corrected quantity and revise the distance, etc.
The Plaintiff newly constructed a 127.28m2 and 79.73m2 (hereinafter “instant building”) of a 2-story steel structure maintenance plant for the 1st floor of a 2-story building according to the F’s survey. The Plaintiff operated the car repair store on the 1st floor, and the 2nd floor was used as a residence.
C. On January 19, 2004, when the I tunnel construction was carried out in Hacheon-si around January 19, 2004, the part of the building of this case was the J road owned by Y City (hereinafter “the road of this case”) as a result of the construction survey following the construction of the tunnel construction works.