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(영문) 청주지방법원충주지원 2016.01.14 2015가합304
등록사항정정신청 이행
Text

1. The Defendants shall have the registered area of 183,818 square meters on the cadastral record of 163,636 square meters in Jandong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiff owns 3/7 shares in the forests and fields located in the U.S. J (hereinafter “instant forests”); Defendant B and C own 1/7 shares in each of the said forests and fields; Defendant D and G own 3/49 shares in each of the said forests and fields; Defendant E, F, H, and I own 2/49 shares in each of the said forests and fields.

B. Although the area of the instant forest land is 163,636 square meters in the cadastral record, the actual area of the instant forest land was determined as 183,818 square meters as a result of surveying the area of the instant forest land in the Cheongju District Court 2014Gadan2146 case filed against the Defendants by the Plaintiff.

C. The Plaintiff received a reply from the voice group, which is the competent authority in the cadastral record, that all co-owners shall file an application to correct the area of the instant forest, and requested the Defendants to file an application to correct the area of the instant forest, which is 183,818 square meters, the actual area, but the Defendants are refusing such request.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 9, Gap evidence 3-1 through 3, the purport of the whole pleadings

2. Determination

A. Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data for Determining the cause of the claim provides that “A landowner may apply for the correction thereof to the competent cadastral authority when he/she finds that there was an error in the registered matters in the cadastral record.

According to the above facts, in the cadastral record on the forest of this case, matters concerning the area are mistakenly registered as above, and in order to apply for correction, it is necessary to apply for correction by all co-owners of the forest of this case. Thus, the Defendants are obliged to cooperate with the Plaintiff’s

I would like to say.

Therefore, the Defendants are obligated to express their consent to the Plaintiff with respect to the application for correction of the registered area on the cadastral record as to the forest of this case.

B. Defendant H’s assertion on Defendant H is subject to determination.

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