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(영문) 창원지방법원 통영지원 2017.03.29 2017가단20080
경계확정 등
Text

1. The boundaries between D 1,650 square meters and E 1,088 square meters, each of which is 6, 7, 8, 9, and 10 of the annexed drawings 2.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of E 1,088 square meters (hereinafter “Plaintiff-owned land”) at the same time, and the Defendant is the owner of D 1,650 square meters at the same time (hereinafter “Defendant-owned land”).

B. The land owned by the Plaintiffs and the land owned by the Defendant are adjoining each other, and the said land is subject to correction of registered matters in the cadastral record, and the real boundaries between the said land are indicated in the annexed drawing 1.

C. The Defendant does not yet cooperate with regard to the application for correction of the registered matters in the cadastral record, which is revised in sequence to connect the boundary line of the land owned by the Plaintiffs to each point of Annex 2, Annex 6, 7, 8, 9, and 10.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination

A. Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data with Respect to an application for boundary confirmation and correction provides that “Any landowner may apply for correction thereof to the competent cadastral authority when he/she finds any error in the registered matters in the cadastral record.” Article 84(3) provides that “where the boundary of an adjacent land is changed due to a correction under paragraph (1), he/she shall submit any of the following documents to the competent cadastral authority,” and that “written consent of the adjoining land owner” under subparagraph 1 and subparagraph 2 of the same Article provide that “the authentic copy of a final and conclusive judgment capable of setting up against

Since the land owned by the plaintiffs and the land owned by the defendant overlap in the cadastral map, the defendant is obligated to express his/her consent with respect to the application for correction of the registered matters in the cadastral record, which revises the boundary line on the cadastral record for the land owned by the plaintiffs and the land owned by the defendant in the order of the each point indicated

As to this, the defendant.

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