토지경계 침범 유형 및 개선에 관한 연구

Abstract

The boundary of land refers to a line artificially drawn on continuous land. In Korea, the boundary of land is a line connecting the boundary points registered in the cadastral map. This represents the scope of land ownership and is disclosed so that anyone can view and issue it. However, there are frequent violations of boundaries that infringe on the ownership of others for various reasons. These boundary violations can be largely divided into the boundary violations by buildings and matching Real Estate and the chattels, and appear to be one of the causes of the mismatch between the actual status of land and the registration information of cadastral map. Meanwhile, since 2013, according to the Special Act on Cadastral Resurvey, Cadastral Resurvey project has been implemented to correct cadastral map that do not match the actual status of the land. Therefore, it is important to analyze the patterns of boundary violation to draw more objective judgment in the boundary determination of the Cadastral Resurvey project. The purpose of this study is to analyze the types of land boundary infringement, and to identify boundary setting problems according to each type, and to present each improvement directions. In order to achieve the above research objectives, the relationship between the scope of ownership and land boundary setting was established, and boundary invasion by architecture, which is a type of boundary invasion, conforms to the real estate of movable property, and the boundary setting of movables loaded on the real estate, etc. was examined. As a result of the study, first, it was judged that in the case of boundary invasion by architecture, there is a certain aspect of compensation by adjustment funds in the cadastral resurvey project. However, the problem of protecting the rights of victims of infringement and legalizing illegality is not resolved. Second, for movable property conforming to the land, there is no remedy under the Civil Act or the Special Act on Cadastral Resurvey. As a fundamental solution to this problem, documentation of boundary restoration survey was always suggested as an alternative in the implementation of projects such as trait change.