Whether an act of entering certain matters in the cadastral record is an administrative disposition (negative)

An act of entering certain matters in the cadastral record is intended to be considered as data for the convenience of administrative affairs and for the proof of facts, and thus, the act of recording is not subject to administrative litigation, since the right is granted, changed or lost.

Article 1 of the Administrative Litigation Act

Plaintiff

Magyang Gun

Gwangju High Court Decision 84Gu27 delivered on October 30, 1984

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the Plaintiff’s ground of appeal.

According to the reasoning of the judgment below, the court below rejected the lawsuit by determining that the act of registering certain matters in the cadastral record on the grounds that the plaintiff's conversion of the land category of this case into a residence constitutes an administrative disposition which is subject to administrative litigation, since the act of registering certain matters in the cadastral record is for convenience in the execution of administrative affairs and certification of facts, and thus the right is not granted, changed or lost, and therefore the act of registering this case is not subject to administrative litigation. The above judgment below is without merit and there is no error

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)