In cases where the name of the owner is indicated in the cadastral original map prepared under the Land Survey Decree, whether the person is presumed to have received an assessment of the land;

If it is recognized that the name of a person is indicated in the cadastral support map of a certain land, such fact is a flexible material that makes the person take into account as the owner of the land. However, in addition to the entry of the matters concerning the investigation of the land, such as the lot number, land category, land register, and owner, in the land investigation register, it appears that the entry of the land into the cadastral support map along with the lot number, land category, and land register in the cadastral support is for the administrative convenience without any legal basis. Thus, the fact that the cadastral support map contains the name of a person cannot be presumed to have received the situation as the owner of the land.

Article 187 of the Civil Act, Articles 9 and 15 of the Decree on Land Investigation (Ordinance No. 2 of August 13, 1912), Article 3 of the Enforcement Rule of the same Decree, Article 31 and 32 of the Regulations on the Investigation of the Shipbuilding General, the Provisional Land Investigation Bureau, Article 2, Articles 7 and 46 and 51 of the Regulations on the Investigation of the Land Investigation Bureau in the Shipbuilding General and the Provisional Land Survey Board

[Judgment of the court below]

Defendant 1 and six defendants et al., Counsel for the defendant-appellant and one other

Seoul Civil District Court Decision 92Na14860 delivered on May 12, 1993

The judgment of the court below is reversed.

The case shall be remanded to Seoul Civil District Court Panel Division.

The defendants' attorney's ground of appeal No. 1 is examined.

1. The court below acknowledged the fact that the name of the deceased non-party on the cadastral map of the land investigation team completed on the plane of 1915, which was the time when the land investigation order was issued by the Donwon-gun, Jeonwon-gun (the address omitted), was entered in the land before the division of this case, and that the name of the deceased non-party on the land before the division of this case was entered as the owner, barring any other special circumstances, it was reasonable to view that the land before the division of this case was determined under the name of the deceased non-party, and its circumstance was finalized.

2. However, according to the Land Survey Decree (Ordinance No. 2 of August 13, 1912, this Decree is referred to as the "Ordinance"), the Enforcement Rule of the Land Survey Decree (hereinafter referred to as the "Rules"), the General Land Survey Rule (hereinafter referred to as the "Investigation Rule") of the Shipbuilding General and the Provisional Land Survey Bureau's Rules (hereinafter referred to as the "Survey Rules"), the Director General of the Provisional Land Survey Bureau's report under Article 4, Article 10 of the Rules, etc. of the Decree and Article 6 through Article 8, etc. of the Decree, when completion of the land survey and the survey under Article 7 of the Land Survey Regulations, he/she shall prepare the Land Survey Ordinance and enter the land survey in the cadastral map of Chapter 7 of the Land Survey Ordinance and the land survey in the cadastral map of Chapter 7 of the Land Survey Regulations, and he/she shall also submit it to the Local Land Survey Committee for the cadastral inspection and make it known to the owner of the land and his/her right to the cadastral map of Article 30 days following the survey and cadastral map.

As seen above, the survey of land is conducted simultaneously with or after the survey of the owner and boundary of the land. The cadastral map prepared by the cadastral source map prepared according to the result of the land survey becomes the basic data to assess the owner and boundary of the land. Thus, if it is acknowledged that a certain person's name is entered in the cadastral source of a certain land like this case, such fact constitutes a flexible material that makes the person be aware of the situation as the owner of the land. However, in addition to the entry of the matters concerning the survey of the land such as the lot number, land category, land register, land register, and owner in the land survey book, it is deemed that the entry of the name of the owner in the cadastral source together with the lot number, land category, land register, and land register is made for the administrative convenience without any legal basis. Thus, it cannot be presumed that the fact that the person received the situation as the owner of the land is presumed merely by the fact that the person's name is written in the cadastral source.

Nevertheless, the court below held that it is reasonable to view that the land before the division of this case was confirmed because the name of the deceased was circumstances in the name of the deceased, barring any special circumstance, solely on the fact that the name of the deceased non-party was stated in the cadastral support map prepared under the Land Survey Order. Thus, the court below erred in the misapprehension of legal principles as to the land situation under the Land Survey Ordinance, and it is clear that such illegality affected the conclusion of the judgment. Thus, there is a reason to point this out.

3. Therefore, without examining the remaining grounds of appeal, the judgment of the court below shall be reversed without examining the remaining grounds of appeal, and the case shall be remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-sung (Presiding Justice)