토지등록전환신청취하
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
Article 2 Subparag. 14 of the former Cadastral Act (amended by Act No. 9774 of Jun. 9, 2009 and enforced as of December 10, 2009, and enforced by Article 2 of Addenda of the Land Survey, Waterway Survey and Cadastral Records Act) provides that the meaning of registration conversion shall be changed to the land cadastre and cadastral map, and Article 18 provides that where a landowner has any land subject to registration conversion, he/she shall file an application with the competent authority under the conditions as prescribed by the Presidential Decree.
Article 13(1) of the former Enforcement Decree of the Cadastral Act (amended by Presidential Decree No. 21881, Dec. 14, 2009) provides that “The land for which an application for registration conversion under Article 18 of the Act may be filed shall be the land whose land category is to be changed due to changes in the form and quality of the land under the relevant Acts and subordinate statutes, such as the Building Act, or approval for use of buildings, etc.” (Article 2 of the Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records) upon delegation, Article 13(1) of the former Enforcement Decree of the Cadastral Act (amended by Presidential Decree No. 21881, Dec. 14, 2009)
Furthermore, according to Article 37(1) of the former Cadastral Act and Article 42(1)1 of the former Enforcement Decree of the Cadastral Act, when the registration conversion is conducted, the boundary or coordinates and areas of each parcel shall be determined after the new survey is conducted, and where any error occurs in determining the area, if such error is within the scope permitted by the Enforcement Decree of the former Cadastral Act, the area to be registered conversion shall be determined as the area for registration conversion, and where the scope of the registration is exceeded, the competent authority shall ex officio correct the area of the forest land register and the boundaries of the forestry map
In addition, Article 24 (1) of the former Cadastral Act finds that a landowner has erred in the registered matters in the cadastral record.