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(영문) 제주지방법원 2019.06.03 2018가단66298
토지경계확정의 소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. The Plaintiff is the owner of E’s land, Defendant B is the owner of F’s land, Defendant C and D are co-owners of G land (each of 1/2 shares).

The location and boundary of each of the above lands in the cadastral map shall be as shown in the attached Form 2.

Defendant B filed a claim against H (the Plaintiff’s mother) at the time of 2012, the Jeju District Court 2012Kadan20429 for the “F-owned buildings and bricks built over the F-land, the removal of the F-owned buildings and bricks, and the return of unjust enrichment equivalent to the f-owned portion of the F-owned land and the return of unjust enrichment equivalent to the f-owned portion of the F-owned land.”

On November 27, 2015, the court of first instance rendered a judgment citing all the claims of Defendant B while explaining the following reasons for judgment.

* The boundary of the two lands must be determined according to the boundary restoration surveying based on the cadastral map, unless there is proof that there was an error in the cadastral map even if the price of E and F lands falls under the so-called cadastral inconsistency.

(other than this, H’s assertion that “the boundary must be determined on the basis of a stone fence” is excluded). * As a result of the appraisal of a boundary restoration survey based on the cadastral map, it is recognized that H-owned buildings and stone fences are inf land boundary.

Accordingly, H appealed (No. 2015Na3396) but the appellate court rendered a ruling dismissing the appeal on August 9, 2017.

In other words, H filed an appeal (Supreme Court 2017Da36680), but the Supreme Court rendered a decision dismissing the appeal on November 23, 2017.

2. According to the judgment of the previous lawsuit on the gist of the Plaintiff’s assertion, each boundary between E and F land, and between E and G land, became unknown.

Therefore, the plaintiff is seeking confirmation as to whether the boundary in the cadastral map falls under any part of the reality.

3. As to the legal action against the defendant C and D, the action against the defendant C and D shall be examined ex officio, and as to the action against the defendant B, based on the defense prior to the merits of the above defendant.

adjacent.

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