지적공부 등록사항정정신청 반려처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 29, 2016, the Plaintiff filed an application with the Defendant for correction of registered matters with a size of 1,802 square meters registered in the cadastral record of the instant land as 2,200 square meters (hereinafter “instant application”) pursuant to Article 84(1) of the Spatial Data Creation, Management, etc. Act (hereinafter “Spatial Data Management Act”).
B. On September 30, 2016, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”) on the ground that the Plaintiff did not submit to the Plaintiff a written consent of neighboring land owners or an authentic copy of a final and conclusive judgment capable of setting up against the said consent pursuant to Article 84 of the Spatial Data Management Act.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-1, 2-1, Eul evidence No. 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. With respect to the Defendant’s assertion that the instant disposition is lawful on the grounds of the grounds of the disposition and the relevant laws and regulations, the Plaintiff argues that the Plaintiff’s rejection of the instant application on the grounds of omission of submission of the said written consent, etc. is unlawful, inasmuch as the area of the instant land was registered in the cadastral record, the Plaintiff may file an application for correction with the Defendant, and that the boundary of neighboring land is not changed because the area of the instant land was corrected, and thus, the Plaintiff did not need to submit the written consent
(b) as shown in the attached Form of the relevant statutes;
C. According to Article 84(3) of the Spatial Data Management Act, where the boundary of neighboring land is changed due to a revision to registration of cadastral records, a written consent from neighboring land owners or an authentic copy of a final judgment shall be submitted to the competent cadastral authority
In addition, Article 82 (3) of the Enforcement Decree of the Spatial Data Management Act shall apply to the boundary or area among the registered matters.