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(영문) 인천지방법원부천지원 2016.04.01 2014가단50441
경계확인
Text

1. An appraisal shall be conducted in attached Form 1,204 square meters of AI forests and 800 square meters of AJ forests owned by the Defendant in Kimpo-si, which is owned by the Plaintiffs.

Reasons

If a lawsuit for the confirmation of boundary is filed with respect to the boundary of land adjacent to each other, the court shall determine the boundary as deemed true without being bound by the boundary line claimed by both parties, and even if both parties have drawn up an agreement on the boundary during the lawsuit, so long as the plaintiff does not withdraw the lawsuit and maintains the intent to confirm the boundary by the court ruling, the court shall determine the true boundary without being bound by the agreement, so the lawsuit for the confirmation of boundary cannot be said to be unlawful on the sole basis of the fact that the parties' allegations as to the true boundary during the lawsuit are consistent.

(See Supreme Court Decision 95Da54761 delivered on April 23, 1996, etc.). In addition, where a parcel of land is registered with one parcel of land in the cadastral record under the Cadastral Act, the land is specified by registration unless there are special circumstances. Thus, in preparing a cadastral map, unless there are special circumstances, such as where the boundary on the cadastral map was prepared differently from the true boundary due to a technical error, the scope of land ownership shall be determined by the boundary on the cadastral record regardless of the actual boundary.

(See Supreme Court Decision 201Da72066 Decided January 12, 2012, etc.). Accordingly, the boundary of the instant land is bound to be determined through a cadastral survey based on the cadastral record. In full view of the overall purport of the pleadings as a result of the commission of the survey and appraisal of the Korea Land Information Corporation by this court, the boundary of the instant land is recognized as a straight line connected with each of the items in the attached Table 2,22,6, and 16, and the boundary of the AJ forest owned by the Defendant, which is owned by the Plaintiffs, as a whole, as the boundary of each of the instant land is determined as the boundary of each of the instant land.

However, the above-determined boundary is the boundary initially asserted by the defendant.

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