Whether registration of land cadastre can be subject to administrative litigation

An act of recording certain matters on the land cadastre is intended to be considered as data for convenience in the execution of administrative affairs and certification of facts, and it does not come into effect because any right is granted, changed or lost due to registration, and even if there is a statement different from the actual one, the act of recording is not subject to administrative litigation.

Article 1 of the Administrative Litigation Act

Park Jong-chul

The head of Yeongdeungpo-gu

Seoul High Court Decision 68Gu43 delivered on March 14, 1968

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined;

It is essential to register certain matters on the land cadastre as data for convenience in the execution of administrative affairs and certification of facts, and it does not take effect of any right granted, change, or loss due to the registration. Thus, even if the entry on the date of completion of the reclamation of the novel is entered differently from the actual one, such as the family litigation theory, it cannot be said that there is any change in the relation of the plaintiff's right. In other words, it is reasonable that the court below determined that the act of recording on the land cadastre of this case cannot be subject to administrative litigation as the above purport, that is, there is no reason to attack the original judgment as an opposing opinion.

Therefore, it is so decided as per Disposition with the assent of all participating Justices.

Supreme Court Judge Lee Young-subop (Presiding Judge)