In a case where the land whose owners had been different at the time of the assessment of the land is registered at the time of the assessment without being subdivided or combined (=the boundary in the cadastral map registered at the time of the assessment)

Where land whose owners had different owners at the time of the assessment of land is not subdivided or combined without being subdivided, the boundary of each land shall follow the boundary in the cadastral map, which is registered in the cadastral record at the time of the assessment, unless there are special circumstances, such as that the circumstance becomes null and void as a matter of course.

Article 212 of the Civil Act; Article 9 of the former Decree on Land Survey (repealed by Ordinance No. 2, 13 August 13, 1912); Article 8 of the former Ordinance on Land Survey (Ordinance No. 5, repealed, 1918); Article 3 of the Cadastral Act

Supreme Court Decision 69Da140 Decided May 27, 1969 (No. 17-2, 133), Supreme Court Decision 95Da2333 Decided February 9, 1996 (Gong1996Sang, 896), Supreme Court Decision 2006Da13889 Decided September 8, 2006 (Gong2006Ha, 1659)

Plaintiff 1 and one other (Law Firm Dump, Attorneys Park Young-young et al., Counsel for the plaintiff-appellant)

Defendant 1 and one other

Seoul High Court Decision 2003Na10218 delivered on April 13, 2004

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

The grounds of appeal are examined.

The Director of the Provisional Land Investigation Bureau, in consultation with the Local Land Investigation Committee, shall assess the “owner” and “Grae System” of the land (Article 9 of the Land Investigation Decree promulgated by Ordinance No. 2 of August 13, 1912), and the Do governor shall assess the “owner” and “Grae System” of the forest (Article 8 of the Joseon Forest Investigation Decree promulgated by Ordinance No. 5 of August 1, 1918), and the situation is an administrative disposition where the owner of the land or forest becomes final and conclusive on the boundary of another land or forest (i.e., the “g. the same meaning as the “Grae System”) and the right of the owner of the land or forest becomes final and conclusive by an adjudication on the determination of circumstances or appeal against the dissatisfaction of the situation (Article 15 of the above Land Investigation Decree, Article 15 of the said Decree, of the Joseon Forest Investigation Decree, and Article 16 of the said Decree), and the ownership of the land shall be deemed null and void in the cadastral record, barring special circumstances, 96. 196.

According to the records, each of the lands of this case, the owners of which were different at the time of the situation, without being divided into lots or combined, is now registered as at the time of the situation. Thus, unless there are special circumstances such as abrupt invalidation, the boundary of each of the lands of this case shall follow the boundary on cadastral map, which is a cadastral record registered at the time of the circumstance, and thus, the court below is somewhat inappropriate in its decision, but it is just to determine the boundary of each of the lands owned by the plaintiffs and the Defendants' co-owned lands according to the appraisal by the appraiser Kim Jong-il, who conducted a boundary restoration survey based on the cadastral map, according to the assessment of

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)