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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts and
2. The reasoning for the court’s explanation concerning this part of the Plaintiff’s assertion is as stated in the judgment of the court of first instance, except where “the instant building” under Section 9 of the judgment of the court of first instance is “the instant building” and “the instant dispute part” under Section 14 of the same Article is “the instant dispute part” and “the instant dispute part” under the main sentence of Article 420 of the Civil Procedure Act. Thus, this part is cited under the main sentence of Article 420 of the Civil Procedure Act.
3. Judgment as to the primary cause of claim
A. 1) The sale and purchase of the land of this case is deemed to be subject to the sale and purchase of the land, regardless of the actual boundary, regardless of the actual boundary, by the parties to the sale and purchase of the land, the scope of ownership of which has been determined by the cadastral record, rather than the intent to trade the land, but with the intent to trade the land as de facto as a result of the boundary. In addition, the sale and purchase of the land by the parties to the sale and purchase knowing that the actual boundary at the time is different from the boundary on the cadastral record, while the actual boundary of the land is known to the boundary on the cadastral record, cannot be deemed to be the sale and purchase by specifying the object of the sale according to the actual boundary, regardless of the boundary on the cadastral record.
(See Supreme Court Decision 2004Da71522, 71539 delivered on March 24, 2005). In full view of the purport of the entire pleadings as to this case’s health class, Gap’s evidence Nos. 1 and 8, the instant sales contract is acknowledged with the knowledge that the instant land and the instant building are included in the subject matter of sale, and the indication of the instant land is consistent with the lot number, land category, and area on the registry, and the Plaintiff and the Defendant concluded the instant sales contract with the knowledge that the instant dispute is located within the boundary of the instant land.