1. The instant lawsuit shall be dismissed.

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

1. Determination on the defense prior to the merits

A. The Defendant’s land survey for which the Plaintiff seeks confirmation of nullity prior to the merits is not a disposition subject to appeal litigation, and the Defendant is not a competent administrative agency of the land survey.

Therefore, the instant lawsuit is unlawful because it does not meet the target eligibility or the eligibility for the defendant.

B. (1) Determination is based on the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Management Act”).

According to the survey, a cadastral survey refers to a survey conducted by the competent authority or a cadastral surveyor to determine the boundaries or coordinates and areas of each parcel for the purpose of registering land in the cadastral record or restoring the boundary points registered in the cadastral record on the ground (Article 2). However, a survey conducted to restore the boundary points registered in the cadastral record on the ground is merely a fact-finding act to verify the location on the land at the boundary points registered in the cadastral record, and thereby, does not change the entry in the cadastral record or cause a change in the substantive legal relationship with the land concerned. In addition, even in cases of a survey to determine the boundary points or coordinates and areas of each parcel for the purpose of registering the land in the cadastral record, the preparation of the cadastral survey and the cadastral survey result is merely an act of fact-finding and do not cause a change in the substantive legal relationship with the land concerned. The results of a survey and survey conducted by surveying the location, parcel number, area, boundary, coordinates or coordinates, etc. of the land are registered in the cadastral record including the cadastral record and preserve the cadastral record permanently, and there is a change, new registration, partition and boundary, etc.