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(영문) 수원지방법원 2017.05.23 2016구합60257

반려처분취소청구의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Pyeongtaek-si B, which is 807 square meters in total (hereinafter “instant land,” and the unit of Myeon is omitted at the time of entry of the lot number), three preceding 1,446 square meters (hereinafter “C land”), D forest land 793 square meters, and E forest land 513 square meters (hereinafter “E land”).

나. 지적도상 원고 소유 이 사건 토지, E 토지, C 토지, F 소유 G 대 324㎡, H 소유 I 전 5,031㎡(F, H 소유 각 토지를 ‘이 사건 각 인접 토지’라고 하고, 소유자 이름으로 특정한다) 사이에 별지 도면 표시 1, 2, 3, 4, 5, 6, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 289㎡(이하 ‘쟁점 토지’라고 한다. 아래 바.항에서 보는 바와 같이 쟁점 토지는 2016. 3. 11. 국가 앞으로 소유자등록을 하기 전에는 지번이 부여되어 있지 아니하였다)가 있다.

C. On January 23, 2015, the Defendant notified the owners of each adjoining land of the instant case to revise the registered matters in the cadastral record as follows. The reasons are as follows: (a) the 157 square meters of the pertinent land is included in the boundary of neighboring land owned by F; and (b) the remainder of 132 square meters of land (=289 square meters - 157 square meters) is included in the boundary of adjoining land owned by H; and (c) even if the land is included in the boundary of neighboring land owned by H, the relevant boundary and area on the cadastral record

J G I GI

D. The Plaintiff’s key land is included in the instant land, and therefore, the Defendant C.

On February 2, 2015, the Governor of the Gyeonggi-do filed a request for review of the legality of the cadastral survey against the Governor of the Gyeonggi-do on the land adjacent to each of the instant case, on which the notice of the entry in the Paragraph was based. The Gyeonggi-do Regional Cadastral Committee of the Regional Cadastral Committee decided on May 19, 2015 that the results of the amendment of the registered matters (area of boundary) on each of the instant adjoining land was erroneous.

However, the Gyeonggi-do regional cadastral committee has no ground to recognize that the land at issue belongs to the instant land in the reasons for resolution.