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(영문) 대전지방법원 홍성지원 2021.02.17 2019가단35681
소유권확인
Text

As between the Plaintiffs and the Defendant:

A. The boundary between the area of 198 square meters in Bocheon-si D and E large 122 square meters shall be indicated in the attached Form 2,7.

Reasons

1. Basic facts

A. The Plaintiffs are owners of the D 198 square meters and F 215 square meters (hereinafter referred to as “land owned by the Plaintiffs”), and the Defendant is the owner of E large-scale 122 square meters (hereinafter referred to as “the land owned by the Defendant”).

B. The Plaintiffs infringed upon the Plaintiffs’ land owned by part of the buildings constructed on the ground of the above E site owned by the Defendant.

Appellants, the Daejeon District Court filed a lawsuit seeking removal of the building at the order of 2019 Ghana 32620.

(c)

During the lawsuit pending, the Plaintiffs filed an application for land survey to determine the part of the Plaintiff’s land owned by the Defendant, and confirmed that there was a difference in the area as follows in the course of surveying land boundary in the cadastral construction works.

The above D site is 198 square meters on the land ledger. However, the area on the land map is 223 square meters for the land map, and the above F site is 215 square meters on the land ledger, but the area on the land map is 200 square meters for the land map and the above E site is 122 square meters on the land ledger, but the area on the land map is 105 square meters for the land map.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The party's assertion and judgment on the land boundary

A. (i) The boundary between the land owned by the plaintiffs and the land owned by the defendant is the border in the cadastral map connecting 2. and 7. B on the copy of the cadastral map in the attached Form.

However, the Defendant asserts to the effect that the boundary between the land owned by the Plaintiffs and the land owned by the Defendant is not a cadastral boundary but a building line according to the current state of entry into the D site by the Defendant’s building located in E, and thus, there was a dispute over the boundary.

B. On June 23, 1959, the non-party G alleged by the Defendant completed the registration of transfer of ownership on the land owned by the Defendant, and newly constructed a building on the above land and registered the preservation of ownership.

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