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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Paragraph 2(b) of the reasoning of the judgment of the court of first instance concerning this case is stated by the court.
Except as follows, the part shall be cited by applying the main sentence of Article 420 of the Civil Procedure Act as it is:
B. Determination on the Defendant’s assertion (1) Whether the gist of the Defendant’s assertion is violated or not, and the boundary relocation survey to restore the boundary in the cadastral map is to be conducted in the same way as the survey method at the time of registration in the cadastral record, and should be based on the standard point at the time of registration in the cadastral record. The survey appraisal in the first instance court was not conducted in the same way as above.
In other words, according to the survey conducted by the Defendant around December 199 at the time of acquiring the adjoining land of this case, the part of the crime of this case was included in the part of the adjoining land of this case. After that, from August 2012, 2012, the Defendant occupied the part of the crime of this case as the intent of possession in peace and public performance for 13 years from the time of acquiring the Plaintiff’s land of this case, the acquisition by prescription of the Defendant’s registry was completed.
B) The reasoning of the judgment is that the survey and appraisal conducted in the first instance court by only the descriptions and images of the evidence Nos. 11 through 14 (including the paper numbers) were erroneous, or that the part of the instant land was part of the neighboring land owned by the Defendant in the course of the survey conducted in 1999, and there is no other evidence to acknowledge this otherwise, and the same holds true even if the Defendant’s application for resumption of pleading and the images of the evidence Nos. 19 through 24 (including the paper numbers) submitted by the Defendant in the course of filing an application for resumption of pleading are considered as a whole (the land of this case, the adjacent land of this case, the neighboring land of this case, E, F, and the shape of the land of this case as shown in the evidence No. 199 (the land division survey result of 199) and the shape of each land as shown in the survey appraisal by the court of first instance.