• Journal of Cadastre & Land InformatiX
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• v.44 no.1
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• pp.17-35
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• 2014

There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.

• Journal of Cadastre & Land InformatiX
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• v.52 no.2
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• pp.137-152
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• 2022

The cadastral boundary points which cadastral surveyor presented on the ground by conducting cadastral surveying represents the limits of land ownership and give binding force and determination power. However the land disputes have increased these days mainly due to cadastral registration errors, surveying errors and land owners recognition error. In these cases, the cadastral survey interests try to find solution by either a administrative procedures by appealing civil complaint or border determination litigation through court. The neighboring residents and related organization have difficulties in resolving the civil complaints. In this study cadastral surveying and cadastral boundary determination process has been reviewed and the results of cadastral surveying screening by Central Cadastre Committee from 2016 to 2021 have been classified. The outcomes of this research will be used for cadastral surveying and contribute for reducing land disputes and improve reliablity of cadastral surveying.