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(영문) 수원지방법원 2019.06.26 2017가합21698

등록사항정정신청에 대한 승낙의 의사표시

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1. The Defendants shall be subject to the Plaintiffs, on the cadastral record of 15,867 square meters of AA forest land in Sungsung-si, attached Form 1.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in the evidence A1 through 16, and the purport of the whole pleadings);

A. As to AA forest 15,867 square meters (the area on the cadastral record and on the registry; hereinafter “the forest of this case”), Plaintiff A is registered as holding the shares of 396.75/15867, Plaintiff B’s shares of 132.25/15867, Defendant C’s shares of 1/3, and 1/3 shares of 1/3.

B. AB died on December 14, 1973, and the remaining Defendants except the Defendant C inherited the above 1/3 shares of AB, as shown in the No. 3 Inheritance Shares column, according to their status relationship as shown in the No. 2.

C. On June 25, 2015, the Plaintiffs filed a lawsuit seeking partition of co-owned property against the Defendants, the competent district court 2015Da33067, which was determined as follows: (a) as a result of the survey conducted by the Korea Land Information Corporation, that the boundary and area of the instant forest registered on the cadastral record do not coincide with the actual state.

Accordingly, the friendliness market registered the forest of this case as a land subject to correction of registered matters pursuant to Article 94(1) of the Enforcement Decree of the Spatial Data Construction and Management Act (hereinafter “Spatial Data Management Act”), and notified the plaintiffs and the defendants, co-owners of the forest of this case, to file an application for correction of registered matters in the cadastral record.

The plaintiffs want to apply for correction of registered matters in the cadastral record to correct the boundary and area of the forest of this case in accordance with the actual boundary and area of the forest of this case, but the defendants do not cooperate with the above application at present.

2. Article 84(1) of the Spatial Data Management Act provides that “If a landowner finds any error in the registered matters in the cadastral record, he/she may file an application for the correction thereof with the competent cadastral authority.” Here, “land owner” means all of the land in question where the land is jointly owned, and the co-owner of the land mutually cooperates in the preservation and management of the jointly owned property, including the correction