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(영문) 수원고등법원 2021.01.28 2020나12031
토지경계확인등
Text

The judgment of the first instance is revoked.

All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

The proceedings are filed in this Court.

Reasons

The plaintiff is the owner of the land in attached Form 1 since the registration of ownership transfer was completed on November 4, 1967.

The Defendants are married, and Defendant B completed the registration of the transfer of ownership on each real estate in the annexed Form 2 attached hereto on February 28, 1995, and Defendant C received 1/2 shares of each real estate in the annexed Form 2 from Defendant B, and completed the registration of transfer of ownership on September 13, 2004.

On May 24, 2018, the number of successors completed the registration of the transfer of ownership on April 26, 2018 with respect to each real estate in attached Form 2.

Unlike the boundary line according to the cadastral record, the land owned by the Plaintiff is installed with a embankment and a steel fence depending on the line connecting each point of Attached 22,21,20, and 19 as indicated in Attached Table 3 (hereinafter “the actual boundary line of this case”). Unlike the remaining land located below the embankment, the land owned by the Plaintiff is located above the embankment, and the entrance, fence, and underground septic tanks of the 2-year re-building owned by the transferee are installed.

On the other hand, among the land in the annexed Form 2, the number of successors, 20, 23, 13, 12, 19, and 20, among the land in the annexed Form 2, the part D in the ship connected with each point of the annexed Map 20, 23, 13, 12, 19, and 20, is located below the above axis, and the Plaintiff occupies it.

Defendant B occupied the portion of the land and the attached Form 3 Map No. 16, 15, 14, 20, 19, 18, 17, and 16, in sequence of each point in the land indicated in the attached Form No. 3 drawing No. 16, 15, 14, 20, 19, 18, 17, and 16, and jointly occupied with Defendant C on September 13, 2004, after Defendant C donated 1/2 shares to Defendant C. The number of successors acquired the ownership of each real estate in the attached Form No. 2 as of May 24, 2018, and succeeded to the possession from the Defendant and thereafter occupied the portion of the land.

[Ground for recognition] There is no dispute, A.

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