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(영문) 부산지방법원 2016.01.22 2015나44141
토지인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the part concerning Chapters 4, 20, and 5, and 4, of the judgment of the court of first instance as follows. Thus, this part of the reasoning of the judgment of the court of first instance shall be cited in accordance with the main sentence of

【Change: A evidence No. 4 reveals that, around September 17, 1985, the boundary restoration surveying of the Korea Cadastral Survey was conducted between the instant land and the Defendant’s land. However, even if the Plaintiff knew at the beginning of possession that the land owned by another person, which was owned by him/her, was not the land owned by himself/herself, or that there was a mutual dispute arising therefrom due to the fact that the land was not the land owned by him/her later or that the land was not the land owned by himself/herself as a result of the cadastral survey, the possession does not change into the possession of another (see Supreme Court Decision 2013Da43666, 43673, Sept. 13, 2013). As the Plaintiff’s assertion, even if it was revealed that the FF violated the instant land and that there was a mutual dispute arising therefrom, the Plaintiff’s assertion that the land was occupied by the Korea Cadastral Survey conducted between I and F was not the one seeking the transfer of the instant land without compensation between the Plaintiff and the Plaintiff’s allegation.

2. Thus, the judgment of the court of first instance that dismissed the plaintiff's claim of this case is justifiable. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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