경계결정처분취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. As the Special Act on Cadastral Resurvey was completely implemented on March 17, 2012, the Incheon Metropolitan City has designated 445 lots of land (hereinafter referred to as “B district”) located in the Incheon Cheongjin-gun, Incheon (hereinafter referred to as “instant land”) including the land owned by the Plaintiff, as the cadastral resurvey project district, and the Defendant, who is the project implementer, promoted the cadastral resurvey project regarding B district.
B. From October 2012 to February 2, 2013, the Defendant completed the land survey and the cadastral resurvey survey in B, and notified the land owner including the Plaintiff of the results of the cadastral resurvey around August 2013.
C. On May 21, 2014, the Defendant issued a boundary determination on the instant land and B areas (hereinafter “instant boundary determination”) to the Plaintiff on May 21, 2014, and notified the Plaintiff of the boundary determination.
On June 2014, the Plaintiff filed an objection against the boundary determination that the building on the instant land was in the direction of sea, and that it was abutting on the roadway, which is the seaside, and thus, the Plaintiff filed an objection against the boundary determination that the boundary is restored. However, on September 3, 2014, the Vindication Military Boundary Determination Committee dismissed the Plaintiff’s objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 10, the purport of the whole pleadings
2. The boundary determination by the Plaintiff’s alleged cadastral resurvey project should be carried out within the minimum scope of adjustment of the actual usage of official cadastral records, except in the absence of dispute over ground boundaries, or where there is an agreement. As such, the part of the instant land, which can move into the seaside road, is incorporated into another person’s land, and thus, the passage to the road does not exist.