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(영문) 의정부지방법원 2016.06.07 2015구합8652
지적측량적부재심사의결취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of a 266 square meters road B (hereinafter “instant land”) in Gyeonggi-do, and the head of the Korea Cadastral Work Headquarters of the Korea Cadastral Work Center conducted a boundary restoration survey on July 29, 2014 regarding the instant land, etc., and a cadastral status survey on August 27, 2014 (hereinafter “instant cadastral survey”).

B. The Plaintiff asserted that the instant cadastral survey result does not coincide with the current status, and that the location of the instant land on the cadastral survey result should be moved to the right side of 3.2 meters, and filed a claim for an examination of whether a cadastral survey is proper, with the Gyeonggi-do Local Cadastral Committee, which dismissed the Plaintiff’s claim on December 18, 2014.

C. Accordingly, the Plaintiff was on January 20, 2015.

The assertion and cadastral survey result map in the paragraph are alleged to be invalid as a public document later prepared than the current status of the building of the land of this case prepared in around 2004, and requested the Central Cadastral Committee to review the cadastral survey register.

However, on April 17, 2015, the Central Cadastral Committee rendered a decision to dismiss the Plaintiff’s request for reexamination (hereinafter “instant decision”) on the ground that the results of the instant cadastral survey coincide with the actual status, and that the said decision was dismissed (hereinafter “instant decision”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 6, 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s instant cadastral survey is defective in measuring the location of the instant land, etc. differently from the fact, and the location of the instant land on the cadastral survey performance map shall be 3.2m to the right side.

Nevertheless, the decision of this case by the Central Cadastral Committee which dismissed the plaintiff's request for reexamination is unlawful.

3. Whether the lawsuit of this case is legitimate

(a) In the case of a revocation suit against the standing to be a defendant, an administrative agency which has taken the disposition, etc., unless otherwise provided in other Acts, shall be the defendant;

(Article 13(1) of the Administrative Litigation Act. The Act on Land Survey, Waterway Survey and Cadastral Records on June 3, 2014.

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