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(영문) 전주지방법원정읍지원 2013.11.06 2012가합506
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B forest land and 12161 square meters (hereinafter “instant forest”) in Jung-Eup, Jung-gu, and the Defendant is a corporation established for the purpose of surveying the land and researching the cadastral system.

B. The instant forest land adjoins north-dong with the area of 695 square meters (hereinafter “C land”), the area of 231 square meters (hereinafter “D”) prior to D, and the area of 2142 square meters (hereinafter “E”) prior to E, to the north-dong, Jung-do.

C. In relation to the forest land of this case and the surrounding land, the Defendant conducted a boundary survey as follows.

The plaintiff (G) of this case on Mar. 13, 1998 on Nov. 1, 2005, the plaintiff (F) of this case on Oct. 2, 2007, the plaintiff (G) of this case on Oct. 4, 2007, the plaintiff (F) of this case on Feb. 4, 2010 on Feb. 4, 2010.

D. On December 4, 2009, J requested the Defendant to conduct a boundary survey on the land C, and installed a fence on the boundary between the land C and the forest of this case according to the result of the survey. On February 4, 2010, the Plaintiff asserted that the fenced the forest of this case, and requested the Defendant to conduct a boundary survey on the forest of this case.

E. On April 15, 2010, the Plaintiff filed a lawsuit against J on April 15, 2010 against the instant court for removal, including the fence, etc., and filed a request for the survey and appraisal on the boundary of the instant forest land and C land, but withdrawn the said lawsuit on June 14, 201, where the result of the Defendant’s survey and appraisal was responded.

F. Meanwhile, while the lawsuit was pending, there was an error in the boundary and area of the instant forest, and thus, the instant forest was identified as the subject matter of correction of registered matters. Accordingly, the Plaintiff filed an application for correction of registered matters concerning the instant forest based on the result of the Defendant’s survey of correction of registered matters on July 26, 2010, and filed an application for correction of registered matters on the basis of the Defendant’s survey of correction of registered matters, and the procedure for correction of registered matters was conducted around May 20, 201, changing the area of the instant forest from 1

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

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