1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. In the lawsuit of this case, the Plaintiff asserts that “The boundary line in the cadastral map with respect to each of the land of this case was erroneously prepared and the land of this case was reduced to 240 square meters compared to the present situation,” and that the Defendant is obliged to correct the boundary line in the cadastral map or destroy the cadastral map with errors and keep the cadastral map with respect to which the court appraiser’s appraisal map is consistent with the substantive legal relationship (the boundary according to the court appraiser’s appraisal map is the true boundary of each of the land of this case) ex officio and ex officio in the case of the Incheon District Court 2002Na212, which is the civil litigation, the court appraiser’s appraisal map as of March 18, 1995 and September 28, 2002).”

As to the legitimacy of this part of a lawsuit ex officio, Articles 3 and 4 of the Administrative Litigation Act do not provide for an administrative agency’s action for performance of obligations against omission as an administrative litigation, and thus, an administrative agency’s action for performance of obligations is not allowed under the current law (see, e.g., Supreme Court Decisions 91Nu4126, Feb. 11, 1992; 87Nu868, Sept. 12, 1989). Of the lawsuit in this case, the part of the claim for correction of errors in the registered matters in the cadastral record (defluence and keeping of the cadastral map) constitutes a lawsuit seeking performance judgment, and thus, is unlawful.

In addition, the act of changing certain matters recorded in the cadastral record is intended to take the convenience of administrative affairs execution and the fact-finding data, and this does not result in a change in the substantive legal relationship with respect to the relevant land, and the scope of land ownership is not proved by only the entry in the cadastral record. Therefore, a reply to reject a request for cadastral adjustment, which requests the correction of the boundary of the cadastral map of this case depending on the current boundary line, cannot be deemed as an administrative disposition subject

Supreme Court Decision 200 delivered on April 26, 2002