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(영문) 서울중앙지방법원 2014.11.21 2013가단341917
손해배상
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. B forest land B and 863 square meters owned by the Plaintiff on March 13, 1998 were subject to registration conversion on March 13, 1998.

In the process, the Defendant surveyed D’s land rather than surveying the said B’s land, and as a result of the aforementioned erroneous survey, the said B forest land was subject to registration conversion into C forest land 756 square meters, and the said land area was reduced by 107 square meters.

In addition, the 107 square meters of the reduced area was included in the F land divided from the E land in Sungsung-si.

Therefore, the defendant should re-survey each of the above lands.

2. We examine the judgment, and examine the boundaries of the real estate listed in the separate sheet, and thus, the instant lawsuit cannot be deemed as a litigation as to specific rights or legal relations, and thus, cannot be claimed as a civil lawsuit.

(A) According to Article 84 of the Act on Land Survey, Waterway Survey and Cadastral Records, when a landowner finds any error in the registered matters in the cadastral record, he/she may apply to the competent cadastral authority for the correction thereof. Thus, if the registered matters in the cadastral record with respect to the said land C are erroneous as alleged by the Plaintiff, the procedure for correction of the registered matters in the cadastral record or for filing a lawsuit for confirmation of boundary confirmation, and for confirmation of land ownership against neighboring land owners, the lawsuit of this case shall be dismissed.

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