logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.25 2017구합23577
토지등록사항 정정신청 반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. Land ownership relationship 1) Plaintiff A church (hereinafter “Plaintiff church”)

2) As regards F and G, the forest land of H 66,942 square meters (hereinafter “instant forest”) in Gyeongbuk-gun, Gyeongbuk-gun (hereinafter “instant forest”).

2) After the death of F, Plaintiff B, C, D, and E, their children, succeed to F’s shares in each of 1/4 shares, thereby sharing 1/12 shares in each of the instant forest land.

B. On November 24, 2015, G filed a lawsuit claiming a partition of co-owned property as to the instant forest land in the Daegu District Court’s clan branch on November 24, 2015 (2015dan2166) (hereinafter “joint-owned property partition lawsuit”).

(2) According to the court’s commission of appraisal in litigation for partition of co-owned property, the branch office of the Korea Land Information Corporation (hereinafter “Korea Land Information Corporation”) conducted cadastral surveying around March 10, 2017.

As a result of the cadastral survey, it was confirmed that the area of the instant forest is not less than 66,942 square meters registered in the cadastral record, but more than 1,985 square meters and less than 64,957 square meters.

3) Accordingly, cadastral surveyor I shall comply with the Regulations on Cadastral Services (amended by Ministry of Land, Infrastructure and Transport Directive No. 899, Jun. 23, 2017; hereinafter the same shall apply).

(4) Pursuant to Article 94(1) of the Enforcement Rule of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Act”), the Defendant, who is the competent cadastral authority, notified the Defendant of the fact that there was an error in the indication of the instant forest on the cadastral record, along with the degree of correction of registered matters and the result of subdivision survey.

And the defendant

1. As indicated in the drawing, the instant forest was prepared by dividing the instant forest into H forest 21,652 square meters, J forest 21,653 square meters, and K forest 21,652 square meters.

5. On the other hand, the result of correction and the result of partition survey prepared by cadastral surveyor I in litigation of partition of co-owned property.

arrow