Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment by the court of first instance is as stated in the reasoning of the judgment by the court of first instance, except for changing the partial contents of the judgment by the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The term "affort cadastral map" in the third fourth part of the judgment of the court of first instance shall be replaced by the "affort cadastral map" in the "Land Use Planning Confirmation Board".
The fourth-party 19 to the fifth-party 3 of the judgment of the first instance is changed as follows.
The former Act on Land Survey, Waterway Survey and Cadastral Records was partially amended by Act No. 12738 on June 3, 2014, and the name was changed from June 4, 2015 to the Act on the Establishment, Management, etc. of Spatial Data (amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as the “former Land Survey and Cadastral Records Act”).
Article 4 Subparag. 1 of the National Land Geographical Information Institute Notice, which was enforced on November 3, 2010, provides that "surveys not subject to the Act on Land Survey, Waterway Survey and Cadastral Records, excluding surveys conducted by using survey results from among surveys for building site creation, design, and construction." Therefore, according to the above land geographical information Plaintiff, which was in force at the time of the preparation of the design drawing of this case, "surveys conducted by utilizing survey results from among the surveys for building site creation, design and construction related to building projects," it does not fall under the national cadastral survey, and thus, the old waterway Cadastral Records Act applies. Meanwhile, the old waterway survey results refer to the final result obtained from the survey (Article 2 Subparag. 8 of the same Act, the appraisal results of the appraiser F of this court, and the appraisal results of the appraiser F of this case, and the purport of the entire pleadings of this case as a whole.