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(영문) 서울고등법원 2016.12.16 2016누51711
지적측량적부재심사의결취소
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the Defendant notified the Plaintiff of the instant decision sent by the Central Cadastral Committee on April 27, 2015 on the ground of the judgment of the first instance; and (b) the reasoning for the relevant part of the judgment is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The defendant alleged that the defendant notified the decision of this case rendered by the Central Cadastral Committee on the plaintiff's request for reexamination, and the defendant's notification of the decision of this case to the defendant is unlawful in the course of administrative procedure.

3. The term "administrative disposition", which is the object of an appeal litigation as to the legitimacy of a lawsuit in this case, refers to an act under the public law of an administrative agency, which directly changes in the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations pursuant to Acts and subordinate statutes, or causing other legal effects with regard to a specific matter. An act, etc., which does not directly cause legal changes in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and

(See Supreme Court Decision 2008Du3500 Decided April 24, 2008. Meanwhile, according to Article 2 of the Act on Land Survey, Waterway Survey and Cadastral Records (amended by Act No. 12738, Jun. 3, 2014; hereinafter “surveying Waterway Act”), a cadastral survey refers to a survey that determines the boundaries, coordinates, and area of each parcel for the purpose of registering land in the cadastral record or restoring the boundary points registered in the cadastral record on the ground.

In addition, the results of surveying land category, land category, boundary, or coordinates of land are included in the cadastral map.

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