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(영문) 창원지방법원진주지원 2014.06.18 2012가단4363
토지 경계확인
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 8,9, 10, 11, 12, among forest land E 2,187 square meters in Jinju-si to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. In Jinju-si, the Plaintiff-owned, the 12,973 square meters of G forest land (hereinafter “Plaintiff-owned land”) and the 2,178 square meters of forest land, F forest land, 1,499 square meters of forest land, H forest land, 7,174 square meters of forest land (hereinafter “Defendant-owned land”) are adjacent to each other in Jinju-si, the Defendant-owned land.

B. On April 15, 2012, I surveyed the boundary of the Plaintiff’s land and the Defendant’s land (hereinafter “the first survey”). At that time, the boundary of the said land was measured by the line that connects each point of 29, 30, 31, 32, 33, and 34 indicated in the Appendix No. 29, 30, 31, 32, 33, and 34. C. At the time of the second survey, I conducted a second survey of the boundary of the Plaintiff’s land and the Defendant’s land (hereinafter “the second survey”), the boundary of the said land was measured by the line that connects each point of 1,2,3,4, 5, 6, and 7 indicated in the Appendix No. 1.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 12, and 13 (including each number), the purport of the whole pleadings

2. The Plaintiff asserts that, as the boundary of the Plaintiff’s land and the Defendant’s land, the primary survey result is sufficient, and that the boundary should be determined accordingly.

However, according to the above evidence and the results of the fact-finding on the JJ's fact-finding on the main branch of the Korea Cadastral Corporation, the appraiser J also conducted a survey with the same preference as the result of the second survey as the result of surveying the boundary between the Plaintiff's land and the Defendant's land as a result of surveying the boundary of the Plaintiff's land and the Defendant's land, and the I drawn up the result of the first and the second surveys using the same advantages and disadvantages over several times, and it is recognized that the I stated that the results of the second survey was corrected due to errors in the manipulation of machinery at the time of the first survey.

Therefore, the boundary of the Plaintiff’s land and the Defendant’s land is the line that connects each point of the attached Form 1, 2, 3, 4, 5, 6, and 7, such as the result of the second survey.

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