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(영문) 창원지방법원 2016.03.29 2015구합941

토지대장 정정신청 반려처분취소 청구

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1. The Defendant’s disposition of rejection of the application for rectification of land cadastre against the Plaintiff on December 19, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 17, 2014, the Plaintiff filed an application for the correction of the owner’s land cadastre with the Defendant, as the owner on the register of land B (hereinafter “instant application”).

B. On December 19, 2014, the Defendant issued a disposition of rejection of the application for land cadastre (hereinafter “instant disposition”) on the ground that “Where the indication of land recorded in the register is inconsistent with that of the cadastral record, the landowner cannot be adjusted pursuant to paragraph (1)” (hereinafter “instant disposition”)” and “Article 88(3) of the former Act on Land Survey, Waterway Survey and Cadastral Records (Amended by Act No. 12738, Jun. 3, 2014; hereinafter “Land Survey Cadastral Records Act”).

The Plaintiff’s land cadastre: The Plaintiff’s land category of 1,00 square meters: The day of change: May 24, 1965: The State’s land category of 228 square meters: The date of change of road: August 8, 1914: the circumstances;

C. The registered matters of the real estate register and land cadastre of the application site of this case are as follows.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As long as the registration of ownership transfer under the Plaintiff’s name that corresponds to the real estate registration relation with the forest land of this case claimed by the Plaintiff has been completed, the Defendant has no ground to prevent the Plaintiff from being registered as the owner in the cadastral record.

Therefore, the instant disposition based on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Article 88(1) of the Land Survey Act provides, “The change of a landowner registered in the cadastral record shall be adjusted by means of a written notification of registration, certificate of completion of registration, certified copy or abstract of the register, or computerized registration data provided by the registry office, which proves that the change has been registered by the registry office.” This is indicated on the registry and on the registry.