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(영문) 대전지방법원 서산지원 2018.10.25 2017가합51589
경계확정의 소
Text

1. A list of Attached Table 1 owned by the Plaintiff (Counterclaim Defendant) and a list of Attached Table 1 owned by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 31, 1974, the Plaintiff purchased the instant land No. 1 and completed the registration of ownership transfer on March 6, 1983 under the name of the Plaintiff.

At that time, the cadastral map of the land No. 1 and its adjacent land shall be as shown in attached Form 2.

B. On March 5, 197, the Defendant’s father C purchased D miscellaneous land 9,838 square meters on March 5, 197, and completed the registration of ownership transfer in the name of C on March 7, 197.

After that, C died on December 18, 2010, and the defendant acquired the ownership of the land through an inheritance agreement division.

C. On February 12, 2010, as a result of the survey on the boundary restoration on the land of 64 lots, including the land No. 1 of this case and the 9,838 square meters in Seosan City, Seosan City, as a result of the survey on the boundary restoration of the land of this case, it was confirmed that the boundary in the cadastral map and the actual possession status are inconsistent due to the error of boundary determination at the time of the new registration of each of the above land, all of the above lands were designated as the land subject to the

On March 31, 201, the Plaintiff requested the E Committee to conduct a cadastral survey on the land subject to the said boundary restoration survey and the designation of the land subject to the said registered matters, but the E Committee decided on May 27, 201 on the premise that the said boundary restoration survey and the designation of the land subject to the said registered matters is legitimate.

E. Through a boundary restoration survey, the Seosan City confirmed the boundary on the cadastral map of the above 64 lots of land, including the land No. 1 and the land No. 9,838 square meters in Seosan City, Seosan-si, and then corrected the boundary in accordance with the current status of possession. On the other hand, the part of land owners, including the Plaintiff, who increased or decreased land area due to the boundary correction, were to perform the cadastral adjustment work in monetary way, but some land owners, including the Plaintiff, opposed to the above method of boundary correction and monetary liquidation.

(f) The Seosan market is owned by the Plaintiff.

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