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1. The Defendant’s KRW 291,066,459 for the Plaintiff and KRW 15% per annum from February 23, 2019 to May 31, 2019, and the following:
Reasons
Basic Facts
In order to newly construct access roads to Plaintiff C pursuant to the B urban management plan (road) announced as a public notice of Dong Government-si public notice, the Plaintiff decided to divide into five parcels, including D 1,497 square meters (D large 1,121 square meters and E large 376 square meters, April 22, 2016; hereinafter “instant land before the instant partition”). On April 14, 2016, the Plaintiff requested the Defendant to conduct a partition survey on five parcels, such as the instant land before the instant partition.
On April 19, 2016, the Defendant conducted a divisional survey on the instant land, etc. before subdivision (hereinafter “instant divisional survey”) and sent a cadastral survey result report to the Plaintiff on April 21, 2016, and claimed a cadastral survey fee.
On April 22, 2016, the instant land before the instant partition was divided into D 1,121 square meters (hereinafter “instant adjacent land”) and E large 376 square meters (hereinafter “instant land”). The Plaintiff completed the registration of transfer of ownership on May 27, 2016 for the instant land on the grounds of an agreement on the acquisition of land for public use as of May 25, 2016.
Based on the partition survey of this case, the Plaintiff installed retaining walls structure, road boundary stone, electric poles, street lamps, signal lamps, etc. around the land of this case.
Around July 7, 2017, F, the co-owners of the adjoining land of this case, filed a civil petition with the Plaintiff that the Plaintiff installed a structure by erosioning the adjoining land of this case.
Accordingly, around July 18, 2017, the Plaintiff requested the Defendant to re-examine the cadastral boundary of the instant land, and accordingly, the Defendant conducted a boundary restoration survey on the instant land on August 2, 2017. As a result, it was confirmed that there was an error in the previous sectional surveying.
As a result, the Plaintiff removed the retaining wall structure, road boundary stone, electric poles, street lamps, signal lamps, etc. installed in the previous land, and re- installed them in the instant land.
[Reasons for Recognition] Unsatisfy, Gap 1 to 3, .