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(영문) 제주지방법원 2018.01.23 2017가단1065
수목수거및토지인도
Text

1. The Defendant connects the Plaintiff each point of the attached Form 1 through 19, and 1, among the area of 496 square meters in Jeju-si.

Reasons

1. Determination as to the cause of claim

A. In full view of the facts that there is no dispute between the parties, the entries in Gap's evidence Nos. 1 through 3 (including each number), and the overall purport of each survey and appraisal by the Jeju branch of the Korea Land Information Corporation, the Plaintiff completed the registration of ownership transfer on June 3, 2015 with respect to the land of this case (hereinafter "the Plaintiff's land"). The Defendant may recognize the fact that on August 18, 1982, the Plaintiff acquired the registration of ownership transfer on August 27, 1982 with respect to the land of this case as to the land of this case (hereinafter "the Defendant's land") 3,964 square meters in Jeju-si, Jeju-si, Jeju-si (hereinafter "the Plaintiff's land") adjacent to the Plaintiff's land of this case on August 18, 1982, and the Defendant connecting each point of (b) 1 through 19, and 111 square meters in sequence among the Plaintiff's land of this case.

B. According to the above facts, the defendant is obligated to collect trees, etc. on the ground of the instant dispute and deliver the instant dispute to the plaintiff, who is the owner of the instant dispute area and exercises the right to claim the removal of interference based on ownership, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion that the boundary did not be infringed, the defendant asserts that the result of the boundary restoration surveying conducted before the lawsuit of this case (No. 4) and the result of the boundary restoration surveying conducted during the pending lawsuit of this case are not based on the right surveying method. Thus, the defendant asserts that the plaintiff's claim based on the premise that it is unjustifiable unless the defendant has confirmed that the boundary of the plaintiff of this case was infringed. (ii) The boundary restoration surveying conducted to restore the boundary on the cadastral map in order to actually restore the boundary on the cadastral map should be the same method as the surveying conducted at the time of registration. Thus, in conducting the boundary restoration surveying, the first registration is made.

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