지적공부등록사항 정정 승낙의 의사표시
1. The Defendants are indicated on the land cadastre with regard to PJ 219.2m2m2 in the city of Yanpo-si prior to the jurisdiction of Sinpo-si.
1. Basic facts
A. The Plaintiffs and the Defendants shared each of the instant land, the Plux 219.2 square meters (the area indicated in the cadastral record and the registry; hereinafter “instant land”) at Sejong-si.
B. For the division of the instant land, the Plaintiffs filed a lawsuit against the Defendants for partition of co-owned property as Seoul Western District Court 2018Kadan4591
(hereinafter referred to as “related case”). (c)
In the course of the relevant lawsuit, the branch office of the Korea Land Information Corporation entrusted the surveying and appraisal of the instant land in the course of the lawsuit, submitted to the said court a written opinion that it is impossible to conduct the surveying and appraisal on the ground of any inconsistency between the area and the area indicated on the land cadastre, based on the boundary line on the cadastral map of the instant land.
The area on the land of this case is 219.2 square meters or more, and the area based on the boundary line on the cadastral map is 196.3 square meters or more, and there is a disagreement between the area indicated on the land cadastre and the area based on the boundary line on the cadastral map.
[Ground of recognition] A without dispute, entry of Gap evidence No. 5 with Gap evidence No. 1-1, and fact-finding reply to this court's wooden market, the purport of the whole pleadings
2. Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data provides that “If a landowner finds any error in the registered matters in the cadastral record, he/she may apply for the correction thereof to the competent cadastral authority.”
Here, the "land owner" means all of the land in the case of the joint ownership, while the joint owner of the land bears the duty to cooperate in the preservation and management of the joint property, including the correction of errors in the cadastral record.
According to the above facts, since the above matters are mistakenly registered in the cadastral record on the land of this case, the defendants, co-owners of the land of this case, are obligated to cooperate in the preservation and management of jointly-owned properties, the area of the cadastral record on the land of this case.