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(영문) 수원지방법원 2018.11.27 2017가단531365
토지경계확인 및 토지인도 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B owns the area of 1,264 square meters prior to Suwon-si, the Plaintiff A owns the area of 1,264 square meters prior to the Suwon-si Suwon-si E, and the Republic of Korea owns the area of 569 square meters, respectively, for the area of 569 square meters

(b) specify the land as a parcel number;

The Defendant manages the roads established on D’s land. In addition to D’s land, the above roads are built by 21-25, 11-14, and 21 of the attached Form Nos. 21-25, 11-14, and 21 of the attached Form Nos. 21 among the land owned by Plaintiff B, and 42 square meters of the attached Form Nos. 11, 25-28, 19, 20, and 11 of the E’s land owned by Plaintiff E, which are connected in order to each point.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, Gap evidence 4, appraiser F's commission of appraisal, the purport of the whole pleadings

2. The plaintiffs asserts that the lawsuit of this case is legitimate, since the defendant asserts that the boundary of the land C and E owned by them and D owned by the Republic of Korea is the same as that of the claim, the confirmation is sought.

ex officio, we examine the legitimacy of the instant lawsuit.

A lawsuit seeking the determination of land boundary is a lawsuit seeking the determination of boundary by a trial in a case where the boundary of an adjacent land is substantially unclear, and there occurs the same effect as the disposal of the land in dispute according to the result of the lawsuit, and thus, a person who does not have the authority to dispose of the land in dispute cannot become a party thereto.

As seen earlier, the defendant is not the owner of the D land, and the defendant is not the party.

In addition, according to the result of appraisal commission made by the appraiser F of the Korea Land Information Corporation by the appraiser F, the boundary between the land C and D is the line that connects each point of 1,2,3,4, and 5 with the result of the annexed boundary restoration survey. The boundary between the land E and D is clearly confirmed that the boundary of the land is the line that connects each point of 5,6,7, and8 with the result of the annexed boundary restoration survey, and the defendant also is the above.

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