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(영문) 수원지방법원 2012.07.10 2010나29123
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts to the effect that the standard cadastral drawings, such as connected forest land cadastral drawings, are not disclosed to the general public because the result of the survey and appraisal of the first instance court prepared by the J of the Survey and Appraisal of the first instance court that is not a cadastral engineer belonging to the Korea Cadastral Corporation, is inaccurate and thus, cannot be trusted, as it is stipulated in the law so that only the cadastral engineer belonging to the Korea Cadastral Corporation may conduct a cadastral survey on the terminated area like the Defendant’s land.

In light of the records, the part of the ginseng field leased by the Defendant to Co-Defendant C in the first instance trial is in violation of the Plaintiff’s land as shown in the annexed drawing, and the record is examined otherwise, it was found that the part of the ginseng field leased by the Defendant to Co-Defendant C in the first instance trial was in violation of the Plaintiff’s land.

The defendant's above assertion is without merit unless there is any evidence to view any error as alleged by the defendant or as a result of the appraisal.

3. In conclusion, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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