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(영문) 서울남부지방법원 2016.11.09 2016가단233495
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Plaintiff filed a lawsuit seeking delivery of land against C, who was the owner of the land D (hereinafter “instant land”) in Gwangju-si, and installed a fence, etc. at the edge of the said land. The Plaintiff filed a lawsuit claiming delivery of land against C, who was at the edge of the said land.

The Plaintiff alleged that C is three square meters of the area of land in which C was placed, but employees E belonging to the Korea Cadastral Survey Corporation appraised the above area as 2.1 square meters, and accordingly, the judgment of partial acceptance was rendered.

As to this, the Plaintiff appealed by Suwon District Court No. 2012Na3088, but the judgment dismissing the appeal was rendered on November 29, 2012, and the final appeal was made on March 28, 2013, but the judgment dismissing the appeal became final and conclusive around that time.

The plaintiff asserted that the plaintiff did not conduct a luminous meter surveying in the above case against E and the defendant's appraisal reasons, and made a wrong appraisal of less than the actual area and made a testimony unfavorable to the plaintiff. The plaintiff filed a lawsuit claiming compensation for damages against the defendant, which was dismissed on April 29, 2014.

As to this, the Plaintiff appealed with Suwon District Court 2014Na19186, and the Defendant was selected as an appraiser in the litigation procedure and submitted the results of the survey appraisal and testified.

At the time, the Defendant: (a) assessed the occupied area of C as 1.4 square meters, excluding the red wall gate columns installed by C (hereinafter “instant Seodaemun columns”); and (b) the instant case was sentenced to the dismissal of appeal on July 24, 2015.

(hereinafter referred to as “related case”). (hereinafter referred to as “relevant case”) without dispute, the defendant shall conduct a detailed survey on the basis of one block (F) at his own discretion, despite the fact that there is no dispute, Gap 1 through 3, Eul 3, and 5, and the fact that there is a significant fact in this court, the purport of the whole pleadings, and the plaintiff’s assertion of the purport of the whole pleadings.

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