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1. The boundary line between C & 201 square meters and D and 227 square meters owned by the Defendant (Counterclaim Plaintiff) in the Seocho-si of Seocho-si, the Plaintiff (Counterclaim Defendant) is located.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts 1) The land owned by the Plaintiff and D land owned by the Defendant are adjoining to each other. The Plaintiff and the Defendant continue disputes on the grounds that they are their own land in relation to adjacent areas. 2) The Plaintiff owns a reinforced concrete slab roof neighborhood living facilities (hereinafter referred to as “main building”) on the ground of C, which are connected with each point of the attached Table 1, 7, 8, 9, 10, 11, 12, 13, 14, 17, and each point of the attached Table 1, 17, 18, 19, 20, 21, 22, 16, and 17.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9, appraiser E’s appraisal result, the purport of the whole pleadings
2. Determination on the main claim
A. The boundary line between C land owned by the Plaintiff and D land owned by the Defendant is one successively connected to each point indicated in the separate sheet Nos. 5, 14, 15, 16, 17, and 2, and accordingly, cement block fence was installed. The Defendant asserted that the Plaintiff partially infringed on D land in the process of building around early 2012, and the boundary between both land was unclear because the Plaintiff’s part of the said fence was partly abandoned. Therefore, the boundary line between C and D land is the line successively connected to each point of the separate sheet Nos. 2, 5, 14, 15, 16, 17, and 2.
(b) In a lawsuit for confirmation of land boundary, a court needs to clearly indicate whether a boundary in the cadastral map falls under a part of reality by such means as selecting a certain point within the land owned by the original and the defendant as a base point and identifying the location according to direction and distance, etc. on the basis thereof, and the boundary must be determined not bound by the boundary line claimed by both parties but by itself as true.
(see, e.g., Supreme Court Decision 93Da41792, 41808, Nov. 23, 1993). And in the Cadastral Act.