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(영문) 울산지방법원 2018.11.22 2018구합5905
경계결정처분취소
Text

1. On December 5, 2017, the Defendant’s disposition of boundary determination indicated in the notice of boundary determination for the cadastral resurvey attached to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of land B with B large 264 square meters in Gyeyang-si (hereinafter “instant land”).

B. The Defendant is the project implementer of the cadastral resurvey project around 2017, which was publicly notified on December 15, 2016 pursuant to the Special Act on the Investigations into Registration (hereinafter “cadastral resurvey Act”) and publicly notified on December 15, 2016.

Pursuant to the above notification, the land of this case was incorporated into the cadastral resurvey project zone.

C. On December 15, 2017, the Defendant rendered a new disposition that determines the boundary of the instant land (hereinafter “instant disposition”) to the Plaintiff, as indicated in the notice of boundary determination on the cadastral resurvey following a resolution by the Yangsan City Boundary Determination Committee (hereinafter “instant disposition”).

On January 10, 2018, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant dismissed it for the same year.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 4 and 5 (including provisional number), the purport of the whole pleadings

2. The plaintiff's assertion that the disposition of this case filed by the defendant is against the plaintiff's property right, which has paid various taxes according to the area of the public cadastral book, because it disregards the boundaries registered in the public cadastral book and determines the boundaries arbitrarily, and it is so unlawful that it should be revoked.

3. Determination on the lawfulness of the instant disposition

(a) Entry in the attached Form of relevant statutes;

B. The paper land register, which was created by surveying the land level and the tree in the Japanese colonial era before 100 years prior to the enactment of the Cadastral Resurvey Act, is used as it is so far, and is not consistent with the digitization of cadastral records, and there is a concern that serious problems may arise if the registered matters in the cadastral record comes to 15 percent of the previous land due to the development of survey technology, and if the registered matters in the cadastral record do not coincide with the actual status of the land, it may be left alone. Accordingly, the existing cadastral record is investigated and surveyed.

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