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(영문) 서울행정법원 2018.03.23 2017구합79974
지적측량 적부재심사 각하재결 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case history

A. On April 18, 1918, 1918, the 2nd 3rd 1st Y of D Forest land in Kim Jong-si (hereinafter “D Forest”) was registered in the forest register, and the process of subdivision thereafter is as listed below.

(1) On July 26, 1989, July 21, 1989, 200 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m200 m200 m20 m200 m200

B. The Plaintiffs are those holding one-third shares of each E forest.

C. On January 27, 2012, the Kimpo-si prepared a survey result map (A evidence No. 9; hereinafter “survey result map”) on the basis of the boundary registered in the original city forestry map (hereinafter “the original city forestry map of this case”) prepared at the time of the circumstances of D forest land, and accordingly corrected ex officio the boundary and area of each land on the cadastral map and area of each land indicated in the separate sheet No. 1 attached hereto (hereinafter “instant land”) adjacent to E.

On September 7, 2016, the Plaintiffs filed a request for review on the legality of cadastral surveying with the Gyeonggi-do Regional Cadastral Committee pursuant to Article 29(1) of the Spatial Data Establishment and Management Act (hereinafter “Spatial Data Management Act”) on the ground that it was unlawful to ex officio correct the boundary and area of the cadastral map of the instant land based on the instant survey result map, which was formulated based on the original city cadastral map (A No. 17-1, hereinafter “the original city cadastral map”) rather than the original city cadastral map for the instant land (hereinafter “the original city cadastral map”).

On December 6, 2016, the Gyeonggi-do Regional Cadastral Committee of the Regional Cadastral Committee shall render a dismissal judgment with respect to the part on which the Plaintiff seeks boundary correction and registration conversion in the forestry map from the court by filing a lawsuit for confirmation of land boundary and cadastral records of D forest land (Seoul Central District Court 2010dan 231552), and with respect to the part on which boundary confirmation is sought, E forest land, H forest, etc. according to the boundary on the forestry map of this case and the forestry map formulated on the basis thereof.

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