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(영문) 서울고등법원 2019.05.22 2018나2057811
지적정정절차협력의무 이행의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment as to the main claim

A. The purport of the Plaintiff’s assertion is that each land of this case had already been captured before 199, and the ownership for the purpose of the land has become extinct. Thus, the Defendants have to cancel the registration of the cadastral record on each land of this case, but failed to implement the procedure of cancelling the registration.

Accordingly, the Plaintiff, as a reclamation licensee of public waters including each of the instant land, is entitled to exercise the subrogation right to preserve the right to file an application for cancellation or correction of registration of the cadastral record directly or by exercising the subrogation right to the Defendants.

B. First of all, the determination of direct claims is that cadastral records, such as land cadastre and forest land register, which the Plaintiff seeks to cooperate in the cancellation of registration, are not the legal register that publicly announces changes in real rights to real estate. Furthermore, if each of the instant lands had already been discovered before the Plaintiff’s reclamation works and lost its utility as land is difficult to restore to its original state due to social norms, ownership is naturally extinguished, and the previous land

The former owner does not acquire ownership again, and the public waters reclamation licensee like the Plaintiff acquires ownership from the State or a local government for official or public use only after completion of reclamation works after obtaining a completion inspection certificate from the reclamation license agency, and the reclaimed land's ownership equivalent to the total project cost incurred for the reclamation works from among reclaimed land except reclaimed land, etc., the ownership of which the State acquires as an area equivalent to reclaimed seashores.

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