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(영문) 수원지방법원평택지원 2017.07.24 2016가합9775
경계확정의 소
Text

1. Among the area of 936 square meters in Pyeongtaek-si E-si, the ship table that connects each point of attached Table 4, 5, 6, 7, 8, 9, and 4 in sequence.

Reasons

1. The description of the grounds for the claim is as shown in attached Form 2;

2. It is reasonable to deem that the relevant cadastral record was kept at the time of the registration of ownership transfer even in cases where the ownership transfer is not kept in the pertinent authority at the time of the registration of ownership transfer in cases where the registration of ownership transfer is completed with respect to a parcel of land under Article 208 (3) 2, the main sentence of Article 150 (3) and the main sentence of Article 150 (1) of the Civil Procedure Act. In addition, in order to divide land, it is reasonable to deem that there was a land cadastre and a cadastral map for the relevant divided land, barring special circumstances.

Meanwhile, even in a case where the land of one parcel is divided into several lots and registered in the cadastral record was entirely destroyed, and the cadastral record is restored to the land of one parcel which was divided before the division, while the competent authority in the cadastral record restores the former parcel of land, and restores only the land of one parcel of land before the division, the former owner of each divided land may claim and exercise his/her ownership by filing a lawsuit seeking confirmation of ownership or cancellation of ownership transfer registration with respect to a part of the land of one parcel of land before the division, which is specific to the extent that the boundary of the previous divided land, from among the land of one parcel of land before the division,

Article 84 (1) of the Act on the Establishment, Management, etc. of Spatial Data provides that "If a landowner finds that any error exists in the registered matters in a cadastral record, he/she may apply for the correction thereof to the competent cadastral authority," and Paragraph (3) of the same Article provides that where the boundary of an adjacent land is changed due to a revision under paragraph (1), a written consent from a neighboring landowner or a final and conclusive judgment against which a neighboring

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