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(영문) 대전지방법원 2020.10.14 2019구합660
토지대장면적정정등록거부처분취소
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The forest land B (hereinafter “the forest of this case”) is owned by the network C, and the Plaintiff is the husband of the network C.

B. On January 16, 2009, the Defendant conducted a survey in accordance with the Plaintiff’s application for a boundary restoration survey, and found that the instant forest was erroneously registered as a registration conversion in the forest area, even though DJ 506 square meters were 506 square meters in size in F forest, and that the forest area was 506 square meters in size in F forest, and accordingly closed.

C. Around February 3, 2009, the Defendant stated that the forest of this case is subject to correction of registered matters in the column for the reason of the forest register for forest of this case, and around that time, C had the forest of this case registered overlapping with D site of 945 square meters from July 10, 1927 (two years fire 2 years) and notified C of an application for correction of registered matters in the cadastral record pursuant to Article 29(1) of the former Enforcement Rule of the Cadastral Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 110, Mar. 26, 2009).

On March 20, 2009, the Defendant received an application for correction of the registered matters of land (forest) in the name of C from the Plaintiff, and subsequently changed the area of the forest of this case into 5,256 square meters from 5,256 square meters to 4,750 square meters. The boundary of the forestry map is also revised and registered in accordance with the actual utilization status of the land, and the reduced 506 square meters into 506 square meters. The registered matters in the forestry register were corrected by correcting the boundary of the forest of this case to 5,750 square meters into 4,750 square meters.

E. On March 18, 2019, the Plaintiff filed an application with the Defendant for registration of the correction of the area in the land (forest) register (forest) register, the size of which is 5,140 square meters and 4,750 square meters in the forest of this case (hereinafter “instant forest register”) (i.e., 5,256 square meters in the original forest of this case - 116 square meters in the forest of this case divided from the forest of this case on October 14, 2009), and the Defendant filed the application on March 19, 2019.

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