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(영문) 수원지방법원여주지원 2019.12.11 2019가합10988
등록사항정정승낙
Text

1. The defendant shall attach a registration boundary on the forest land register with respect to the forest land of Leecheon-si City, Leecheon-si, the Mayor of Leecheon-si.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are co-owners of the land of this case 5091m2 (hereinafter “instant forest”).

B. The Plaintiff filed a lawsuit against the Defendant as to partition of co-owned property as to the forest of this case as the Suwon District Court Branch No. 2018Gadan50265.

However, while the appraisal procedure of the above lawsuit is in progress, the error was found on the boundary of the forest of this case indicated in the cadastral record, and the appraisal did not proceed any longer.

C. The plaintiff asked the Mayor of Leecheon-cheon City about the method of correcting the error of boundary in the forest of this case, and the Leecheon-gu Mayor also has the same content as the attached Form drawing.

In response to the response that the boundary line of the forest should be corrected, the consent or consent of all co-owners was necessary in order to apply for such correction. D.

The Plaintiff intended to apply for correction of registered matters in the cadastral record to correct the boundaries on the cadastral record of the forest of this case, but the Defendant sharing the forest of this case, together with the Plaintiff, did not cooperate with the said application.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. According to Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Management Act”), when a landowner finds that there was an error in the registered matters in the cadastral record, the landowner may apply to the competent cadastral authority for the correction thereof. Here, “land owner” means all of them where the relevant land is jointly owned.

On the other hand, the co-owners of the land bear the duty to cooperate in the preservation and management of the jointly owned property, including the correction of errors in the cadastral record.

In the cadastral record on the forest of this case, matters concerning the boundary are mistakenly registered, such as the outcome of the correction of the registered matters in the annexed sheet.

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