Eligibility for parties to a lawsuit for confirmation of land boundary;

A lawsuit seeking the determination of land boundary is a lawsuit seeking the determination of the boundary by a trial in case where the boundary of an adjacent land is virtually unclear, and there occurs the same effect as the disposal of the land in dispute according to the result of the lawsuit, and thus, a person who does not have the authority to dispose of the land in dispute cannot become a party thereto.

[1] Articles 47 and 226 of the Civil Procedure Act

Suwon Construction Co., Ltd.

Cho Jung-hee and three others (Attorneys Shin Jae-ho et al., Counsel for the defendant-appellant)

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

The land indicated in paragraph (1) of the attached list owned by the Plaintiff, ① the boundary of the land indicated in paragraph (1) of the attached list owned by the Plaintiff, ② the line that connects each point of 1,2, and 3 of the attached table No. 2-A of the same list owned by the Defendant Cho Jong-hee, ② the boundary of the land indicated in paragraph (2)-B of the same table owned by the Defendant is the line that connects each point of 3,4, and 5 of the same table; ③ the boundary of the land indicated in paragraph (3) of the same list owned by the Defendant Yung-kung-kung-kk-kk-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

1. Determination as to the legitimacy of the instant lawsuit

In order to establish an access road to an apartment complex newly constructed on the ground of 24,247 square meters in the aggregate of 164-1 and 15 parcels in Namyang-si, Namyang-si, Namyang-do, the Plaintiff occupied the land in accordance with the attached Table No. 1 after obtaining permission from the mayor of Namyang-do to occupy and use the land. Since there is a dispute as to the boundary of the land indicated in the attached Table No. 2 through 5 owned by the said land and the Defendants, the Plaintiff asserts that the land in question and the Defendants seek the boundary determination of each land indicated in the attached Table No. 2 to 5, which is adjacent to the land listed in the attached

Therefore, as to whether the plaintiff is a party to the lawsuit in this case, in a case where there is a dispute because the boundary of neighboring land is unclear, the lawsuit seeking the determination of boundary by a trial is the same effect as the disposal of the disputed land in accordance with the result of the lawsuit, and thus, a person who does not have the authority to dispose of the disputed land is not a party to the lawsuit in this case. However, even according to the claim, the plaintiff's assertion is limited to the possessor of the land in the attached Table No. 1, and there is no other evidence to prove that the plaintiff has the authority to dispose of the said land, and thus, the lawsuit in this case is illegal by a person who is not a party to the lawsuit in this case.

2. Conclusion

Therefore, the plaintiff's lawsuit of this case is unlawful and thus it is decided as per Disposition.