1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of “judgment on the plaintiff’s assertion of the trial,” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, citing this as is, pursuant to the reasoning of the judgment of the first instance.

2. Judgment on the Plaintiff’s assertion of the trial

A. The Plaintiff’s assertion 1) The Plaintiff’s cadastral engineer’s land cadastral engineer’s laps Kim Fag, which was prepared around March 23, 1960 by the Korea Cadastral Survey Board (No. 3; hereinafter “C. 23 March 23, 1960”) and the cadastral engineer’s land survey board (No. 23, A; hereinafter “C. 10, Jan. 10, 1979”) prepared around January 10, 1979.

(1) As the building existing on the land subject to the survey was prepared according to the current state of the building located on the land subject to the survey, and since around February 9, 2019, the building of this case was newly built on the land of this case lawfully in accordance with the cadastral line of the land of this case, which was located on January 10, 1970 after the building existing on the land of this case was destroyed or lost around January 10, 1979, the building of this case cannot be deemed to have occupied and used the road of this case without permission. However, as the cadastral engineer M erred in the cadastral survey of the land of this case and the road of this case on February 9, 2012, it is deemed that the building of this case, unlike each of the above survey costs, is affected by the N-land adjacent to the land

(2) The building owner of the instant building constructed the instant building on January 10, 1979, and the Defendant did not take measures, such as not only approved the use of the instant building but also imposing indemnity prior to the instant disposition, as it was a defective disposition, and thus, the instant disposition was null and void due to a significant and apparent defect. (2) The building owner of the instant building constructed the instant building on the instant land in accordance with the cadastral line of the surveyingwon, which was located on January 10, 1979.