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(영문) 서울중앙지방법원 2015.10.21 2015가합511588
손해배상(기)
Text

1. The Korea Land Information Corporation, which is a litigation of the defendant Seoul Special Metropolitan City and the Korea Land Survey Corporation, is jointly conducted with the plaintiff A.

Reasons

1. Basic facts

A. The Defendant Seoul Metropolitan Government requested the Seoul Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as the “Defendant Corporation”) to conduct a divisional survey for the purpose of incorporating part of the part of the size of 742 square meters (hereinafter referred to as the “instant land before the instant partition”) of the land E in Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as the “instant land before the instant partition”) before the instant partition into the road with respect to the land extension project located in Gangdong-gu, Seoul Metropolitan Government (hereinafter referred to as the “Defendant Corporation”) and the Korea Land Information Corporation (hereinafter referred to as the “instant land”). Accordingly, according to the outcome of the subdivision survey conducted on February 14, 1987 (hereinafter referred to as the “instant subdivision”) by requesting the division of the land before the instant partition to the Defendant, Gangdong-gu, Seoul Metropolitan Government (hereinafter referred to as the “Defendant Gangdong-gu”), and the said land was divided into 660 square meters (hereinafter referred to as the “instant road site”) and 82 square meters (hereinafter referred to as the “instant land”).

B. On June 15, 1988, the Defendant Seoul Special Metropolitan City acquired the instant road site from G, the owner of the land before partitioning, and completed the registration of ownership transfer on the 18th of the same month, and installed the road on the above ground.

C. On August 25, 198, Plaintiff A entered into a sales contract to purchase the instant land from G (hereinafter “instant first sales contract”) and completed the registration of ownership transfer on August 26, 198.

Plaintiff

A requested the Defendant Corporation to conduct a boundary restoration surveying of the instant land on January 19, 1989. However, the Defendant Corporation: (a) decided on June 23, 1989 that the instant land was subject to a registered revision, and notified the Defendant Gangdong-gu and the Plaintiff of the said fact on the ground that “It is difficult to determine the boundary point performance because part of the instant land was incorporated into the instant road site due to the influence of the trade name in the base point.”

E. H. H.

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