[부당이득금반환][집17(3)민,231]
In the common case of land transaction, the land is the object of transaction along the boundary line of land category determined by the cadastral record.
A. If a certain land has been registered as one parcel of land in the cadastral record (land register and cadastral record), the scope of ownership of the land, its address, lot number, land category, and land register should be determined and determined by the boundary line in the cadastral record, regardless of the actual boundary of the land, in ordinary cases of land transaction, the parcel number, land category, land category, and land category determined by the entry in the cadastral record as above can be deemed to be the future object of the land specified by the said entry in the cadastral record.
B. In the ordinary case of land trades, it shall be deemed that the land was traded on the basis of the lot number, land category, land point, and boundary line determined by the cadastral record.
Article 12 of the Cadastral Act and Article 17 of the Cadastral Act
Plaintiff
Defendant 1 and one other (Attorney Park Byung-hee, Counsel for the defendant-appellant)
Daejeon District Court Decision 68Na89, 88 delivered on April 16, 1969
The part against the plaintiff in the original judgment shall be reversed.
The case shall be remanded to the Daejeon District Court Panel Division.
The plaintiff's grounds of appeal are examined.
According to Article 4 of the Cadastral Act, since land which is to be newly registered on the land cadastre is to be newly registered on the land cadastre, it is to be surveyed and measured, and if it is to be partitioned, the land is to be registered on the land cadastre, and the location, lot number, land category, and boundary of the land which is to be registered on the land cadastre is to be registered on the land cadastre, and if the land is registered on the land cadastre, the specific land becomes specific by its registration, unless there are other special circumstances, and its scope of ownership transfer registration is to be determined by the boundary line on the land which becomes final and conclusive on the land cadastre because it is not on the land cadastral record, but on the land which becomes final and conclusive on the land surface by dividing it into the boundary line on the land which becomes final and conclusive on the land register (see Supreme Court Decision 69Da140, May 27, 196), and if the land is purchased on the land register by dividing it into the land which becomes final and conclusive on the land register as the land owner’s ownership registration becomes final and conclusive on the land register.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon