등록사항정정신청반려처분 취소
1. The Defendant and the Intervenor’s Intervenor’s appeal are dismissed.
2. The costs of appeal are incurred between the Plaintiff and the Defendant.
The reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the following parts written or added. As such, Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act shall be cited as it is in accordance with the reasoning of the judgment of the first instance. The part used or added by the court shall be deemed as “the Act on Land Survey, Waterway Survey and Cadastral Records (amended by Act No. 12738, Jun. 3, 2014; hereinafter “Land Survey Cadastral Act”)” in Article 12738 of the Act on Land Survey, Waterway Survey and Cadastral Records (amended by Act No. 12738, Jun. 3, 2014; hereinafter “Land Survey Cadastral Records Act”) and shall be deemed as “the Act on Land Survey, Waterway.”
Following the phrase “(the proviso to Article 87(1) of the Act on the Establishment, Management, etc. of Spatial Data amended on June 3, 2014 provides that an application for correction of registered matters under Article 84 shall be excluded from the application for subrogation by a public project operator, etc. However, the illegality of administrative disposition shall be determined based on the relevant statutes and the actual state at the time of the administrative disposition, and it shall not be affected by the amendment or repeal of the relevant statutes or changes in the actual state after the disposition (see, e.g., Supreme Court Decisions 2001Du10684, Jul. 9, 2002; 2004Du10883, Apr. 15, 2005; 2004Du10883, Jun. 4, 2015).”
Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the appeal by the defendant and the defendant joining the defendant is dismissed as it is without merit. It is so decided as per Disposition.