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(영문) 춘천지방법원강릉지원 2013.02.20 2011가단6164
공유물분할
Text

1. The Defendants shall attach to the Plaintiff the boundary of 7754m2 in Man Forest in the case of three-dimensional markets in the competent forestry map.

Reasons

1. The Plaintiff and the Defendants co-ownership the 77554 square meters of forest land in question (hereinafter “instant forest”) at the time of the fact-finding.

As a result of the survey on the surrounding areas, including the forest of this case, the boundary of the forest of this case was surveyed as being the actual boundary of the boundary after the correction indicated in the same drawing, which is not the boundary prior to the correction (which is indicated in the examination color) with the indication of the result of the survey on the correction of the registered matters in the annexed sheet.

In filing an application for correction with the competent authority to correct the above cadastral boundary, the Defendants did not communicate or did not express their consent separately to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1, the result of on-site inspection by this court, the purport of the whole pleadings

2. According to the above facts of recognition, in order for the Plaintiff and the Defendants to exercise their ownership of the forest of this case, the boundary marks of the forestry map should be corrected from the boundary line prior to the correction of the registered matters indicated in the annexed sheet to the boundary line after the correction. As such, the Defendants are obliged to express their consent with respect to the correction of the aforementioned boundary.

3. The plaintiff's claim of this case against the defendants is justified.

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