Whether the change of land category in the cadastral record is subject to an administrative litigation or not.

The indication of land category on the cadastral record is nothing more than that of providing for the handling of administrative affairs and the verification of facts, and the change of land category on the cadastral record is not immediately limited to the owner's right to the relevant land or to bear obligations, but ultimately, the competent authority in the cadastral record cannot be viewed as an administrative disposition subject to the administrative litigation converting the land category on the cadastral record into a road by its authority.

Article 1 of the Administrative Litigation Act

Supreme Court Decision 68Nu41 delivered on July 31, 1968 (Supreme Court Decision 2407Daad2407, Supreme Court Decision 16Na243 delivered on July 31, 196, and Article 1(218)171 of the Administrative Litigation Act

Plaintiff

The head of Seodaemun-gu

The plaintiff's lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

The administrative disposition that the defendant converted the land category into a road as of December 5, 1969 with respect to 44 square meters of land of Seodaemun-gu Seoul Metropolitan Government 129-22, Seodaemun-gu, Seoul Metropolitan Government shall be revoked.

Litigation costs shall be borne by the defendant.

ex officio, we examine the legality of the lawsuit in this case.

In order to file an administrative suit as a lawsuit for appeal, the administrative agency's disposition must be taken. However, in this case, the plaintiff sought ex officio revocation of a disposition converting the category of forest land into a road with regard to the land stated in the purport of the claim, but the land category indication in the public cadastral book is merely prepared by the defendant to handle the administrative affairs and to provide as data for certification of facts, and the change of the land category in the public cadastral book is not limited to the plaintiff's right to the land or to bear obligations. Accordingly, the defendant's above measures cannot be deemed an administrative disposition

Thus, the plaintiff's lawsuit shall not be dismissed as an unlawful lawsuit which lacks the requirements of the administrative litigation. Thus, it is unnecessary to determine the merits, and the plaintiff's lawsuit shall be dismissed, and the costs of lawsuit shall be assessed against the plaintiff who has lost.

Judges Sick-su (Presiding Judge)