1. The boundaries of 4,661 square meters and 524 square meters and 524 square meters and more owned by the Defendant are in the current forestry map, which are owned by the Plaintiffs.

1. Basic facts

A. On June 27, 2002, Plaintiff B completed the registration on June 5, 2002 with respect to the portion of 662/4,661 square meters (hereinafter “instant Plaintiffs”) out of 4,661 square meters (hereinafter “instant land”). On March 27, 2017, Plaintiff A completed the registration on the ground of conversion of trust property into trust property; on March 27, 2017, Plaintiff A completed the registration of ownership transfer on the portion of 1,653/4,661 square meters among the said land; on April 1, 2017, with respect to the portion of 1,323/4,661 square meters; on April 18, 2017, the registration of ownership transfer was completed on each transaction basis.

B. On December 6, 1985, the Defendant completed the registration of ownership transfer with respect to the land of the Plaintiffs, which is 711 square meters (hereinafter “the Defendant’s land”).

C. As the instant land and the instant Defendant’s land in the cadastral map overlap with the current forestry map, the boundary of each registered land does not coincide.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 6, 4-1, 2-2, and the purport of the whole pleadings

2. Determination on this safety defense

A. As to the Plaintiff’s claim claiming that the boundary between the Plaintiffs’ land and the Defendant’s land is changed, the Defendant’s assertion that the boundary between the Plaintiffs’ land and the Defendant’s land overlaps with the forestry map and the cadastral map, which can be resolved as a project of the boundary of the competent local government. As such, the instant lawsuit for the confirmation of boundary is unlawful as it does not need to protect the rights.

B. In principle, where a parcel of land is registered with a parcel of land in the cadastral record, the scope of ownership is specified by this registration, unless there are other special circumstances, and the scope of ownership is determined by the boundary of the public book regardless of the actual boundary. However, the boundary of the cadastral map is different from the true boundary due to technical errors, such as the erroneous selection of points in the preparation of the cadastral map.