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(영문) 대법원 2016.06.28 2016다1793
지적도경정동의청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1.(a)

Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Act”) provides that “A landowner may apply for the correction thereof to the competent cadastral authority when he/she finds any error in the registered matters in the cadastral record,” and Article 84(3) of the same Act provides that “Where the boundary of an adjacent land is changed due to a correction under paragraph (1), a landowner shall submit to the competent cadastral authority a certified copy of a final and conclusive judgment capable of setting up a defense against it

According to the provisions of the Spatial Data Act, a request for correction of the registered matters in the cadastral record cannot be filed with respect to land which is not owned by the owner of the land, and the lawsuit against the owner of the land seeking consent for correction of the boundary is unlawful as there is no benefit

In addition, it is unlawful that there is no benefit of protection of rights against a non-resident who is not a neighboring land owner whose boundary is changed following the revision of the boundary of one's own land.

B. Pursuant to Article 84(1) and (3) of the Spatial Data Act, the Plaintiff, who is an owner of more than 285 square meters, and the co-owner of more than 90 square meters of Landong-gu I (hereinafter “I”), in Gyeyang-gu, Seoyang-gu, Seoul, sought consent to the rectification of the boundary of six parcels of land, including the Plaintiff’s land, against the owner of the neighboring JJ site, K site, M site, and N, or the Defendants who are co-owners.

Of the instant lawsuit, the lower court merely applies for the correction of the registered matters in the official cadastral record concerning the land owned by the landowner under the Spatial Data Act and the correction of registered matters in the official cadastral record concerning adjacent land.

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