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(영문) 광주지방법원 2015.01.15 2014구합11670
지적공부등록사항정정신청반려처분취소
Text

1. On July 25, 2014, the Defendant’s disposition of rejection of an application for correction of registered matters in the cadastral record against the Plaintiff shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant, on June 20, 2013, filed a land expropriation and co-ownership registration, approved and publicly notified the implementation plan for the urban planning facility project (Juvenile Training Facilities) (hereinafter “Juvenile Training Center development project”) (hereinafter “instant project”) (hereinafter “instant project”), under Article 2013-23 of the notification of the High interest Group.

On June 19, 2013, the Plaintiff filed an application with the Central Land Expropriation Committee for expropriation of the said 2,325 square meters on June 19, 2013, in order to acquire 2,325 square meters, part of the 13-6 parking lot No. 2,652 square meters (hereinafter “instant land”), which is the land to be incorporated in the instant project, designated as the project implementer and was subject to the instant project implementer. On September 26, 2013, the Plaintiff filed an application for expropriation of the said 2,325 square meters, which was the owner of the instant land.

(hereinafter the above 2,325 square meters are “land to be expropriated.” Accordingly, on November 21, 2013, the registration of partial transfer of co-owned shares (2,325/2,652) was completed on the ground of expropriation on November 19, 2013 in the Gwangju Metropolitan City ( superintendent of education in the Gwangju Metropolitan City).

B. On August 21, 2013, the Korea Cadastral Survey Corporation discovered that the instant land is inconsistent with the area registered in the cadastral record (2,652 square meters) and the area actually surveyed (2,849 square meters) as a result of a cadastral survey on the instant land related to the instant project, and notified the Defendant thereof. On August 28, 2013, the Defendant announced the instant company that the instant land was designated as the land subject to the correction of registered matters in the cadastral record of the Korea Cadastral Survey, and applied for the correction of land alteration (area alteration) to the instant company.

C. On May 22, 2014, the Plaintiff’s application for subrogation on the revision of the first land area and the Defendant’s first return disposition notified the Defendant that the instant land was inconsistent with cadastral matters, along with the result of the survey on the revision of registered matters, and on May 22, 2014, the Plaintiff was below the Land Survey, Waterway Survey and

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