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(영문) 의정부지방법원 2016.11.24 2015가단110607
토지인도
Text

1. The boundary line between the 2,678 square meters and the 1,839 square meters owned by the defendant in Yangju-si owned by the plaintiff shall be indicated in the attached Form 5.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,678 square meters prior to C in Yangju, and the Defendant is the owner of 1839 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. There was a dispute between the Plaintiff and the Defendant as to whether the said land was infringed upon between the two parties adjacent to the boundary of the said land. Accordingly, the Plaintiff requested a boundary surveying to the former Korea Cadastral System, and then filed a lawsuit to remove and remove the said land boundary between the two parties, waterway, tree, etc., which is occupied by the Plaintiff’s land boundary in accordance with the result of the said survey, and seek a return of unjust enrichment due to the possession of the said part, but the Plaintiff modified the purport of the claim as a lawsuit seeking a boundary confirmation, such as

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. Determination

A. The boundary restoration surveying conducted to restore a boundary on the cadastral map as a matter of whether the relevant legal doctrine is violated or not, should be conducted in the same way as the surveying conducted at the time of registration. As such, the survey method at the time of registration should be followed, and the standard point at the time of the second survey should be based, and there is no accuracy because the survey method or technology at the time of registration

Even if the boundary restoration survey is conducted, more detailed survey method is needed by the method of survey at the time of registration.

(2) No person may conduct a survey immediately by means of such method.

In principle, in the case of a subdivision survey conducted by the plane table survey based on the point at the time of registration of land, the boundary restoration survey shall be conducted on the basis of the base point at the time of registration, but if it is impossible to conduct the boundary restoration survey based on the base point at the time of registration because it is not possible to find any base point at the time of registration for the present time, it is registered on the basis of the partition surveying point at the time.

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