소유권확인
1. Of the instant lawsuit, the part of the claim against the Defendant Thai-gun shall be dismissed.
2. The plaintiff against the defendant Republic of Korea.
1. Basic facts
A. On July 19, 1986, the Plaintiff completed the registration of transfer of ownership on the grounds of sale with respect to C forest land 21,025 square meters (hereinafter “forest land before division”) in Taean-gun, Chungcheongnam-do.
B. On May 19, 2016, the head of Taean-Gun, the competent cadastral authority, applied for the registration of the forest with the area of 21,066 square meters as D forest in Taean-gun, Chungcheongnam-gun, Chungcheongnam-do, and divided it into the area of 20,559 square meters and the area of 507 square meters as D forest in Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Taean-gun (hereinafter “instant land”), and cancelled the registered matters in the cadastral record, such as the land cadastre, related to the instant land, on the ground that the cancellation of sea level was
[Ground of recognition] The items of evidence Nos. 1 and 2, evidence Nos. 1 and 3-4, evidence Nos. 4-2, and the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants’ gist of the Plaintiff’s assertion: (a) deemed that the instant land was captured by seawater and lost the Plaintiff’s ownership; and (b) cancelled the registered matters in the cadastral record, such as land cadastre; (c) barring such circumstance as the cost of restoring the instant land to its original state is higher than the value of the instant land after restoration, it cannot be readily concluded that the Plaintiff’s ownership of the instant land was impossible to be restored to its original state; and (d) accordingly, the Defendants seek confirmation on the ownership
B. Article 64(1) of the Act on the Establishment, Management, etc. of Spatial Data provides that registration in the cadastral record, including land cadastre, shall be made to the State’s administrative affairs (Article 64(1). However, the head of a Si (excluding a Si which has a Gu) and the head of a Gun, etc. who is the competent cadastral authority that manages the execution of cadastral record, such as the registration, preservation, application for land alteration, and adjustment of cadastral records, shall take charge (Article 64(2), 69, 77, etc.), and the head of a Si/Gun, who is the competent cadastral authority, shall recover from the original state where land registered in the cadastral record