[1] In a case where a name is indicated in the cadastral source map prepared under the Land Survey Order, whether it is presumed that it was owned by the person (negative)

[2] In a case where the name is indicated in the cadastral support map under the Land Survey Order, which is not the forest land as prescribed by the Shipbuilding and Forest Survey Order, whether it is presumed that the forest land was owned by it (negative)

[1] According to the Land Survey Decree (Ordinance No. 2 of August 13, 1912), the Enforcement Rule of the Land Survey Decree (Ordinance No. 6 of the Ministry of Government Administration and Home Affairs No. 6 of August 13, 1912), the General Shipbuilding General and the Temporary Land Survey Bureau Regulations, and the Land Survey Bureau Regulations, there is no provision that the owner's name shall be entered in the cadastral support map prepared according to the result of the land survey. Thus, if it is acknowledged that the cadastral support map of a certain land contains a certain person's name, such fact is a significant material that makes the person enter into the land as the owner of the land. However, the land's number, land category, land register, and land owner's name stated in the land survey book, other than the land survey book, is deemed to have been stated in the land survey for administrative convenience without any legal basis. Therefore, the fact that the person received the land can not be presumed as the owner of the land.

[2] According to Article 51 of the Joseon Forest Survey Order (No. 59 of the Joseon Forest Investigation Order, Nov. 26, 1918), the term “owner and the party related to the state forest” shall be stated in the original Do which was prepared with respect to the forest which was investigated and surveyed under the Joseon Forest Investigation Order (No. 59 of May 1, 1918). However, pursuant to Article 2 of the Land Survey Decree, the term “land between the land which was investigated and surveyed under the Land Survey Order, such as a field, field, and site, shall be conducted and surveyed under the Land Survey Order. Article 1 of the Joseon Forest Investigation Decree provides that the survey and survey of the forest under the Joseon Forest Investigation Order shall be conducted with the remainder of the forest except for those conducted under the Land Survey Order among the forests and fields. Thus, even if it is a forest, if the name of a person is written in the shipbuilding Forest and its related regulations, the presumption of the status of the forest and field shall not be written by the owner.

[1] Article 187 of the Civil Act, Articles 2, 9, and 15 of the former Land Survey Decree (repealed by Ordinance No. 2, Aug. 13, 1912), Article 187 of the Civil Act, Article 187 of the former Enforcement Decree of the Land Survey Decree (repealed by Ordinance of the Ministry of Government Administration and Home Affairs, Aug. 13, 1912) / [2] Article 187 of the Civil Act, Articles 2, 9, and 15 of the former Land Survey Decree (repealed by Ordinance No. 2, Aug. 13, 1912), Article 1 of the former Land Survey Decree (Abolition by Ordinance, No. 5, May 1, 1918), Article 51 of the former Land Survey Decree (repealed by Ordinance, No. 59, Nov. 26, 1918)

[1] Supreme Court Decision 93Da29181 delivered on October 12, 1993 (Gong1993Ha, 3074) Supreme Court Decision 94Da44514 delivered on March 26, 1996 (Gong196Sang, 1365)

An administrator of inherited property of deceased Lee Jae-in

Park Jong-hyeong (Attorney Kim Jong-sik et al., Counsel for the plaintiff-appellant)

Chuncheon District Court Decision 96Na1409 delivered on August 2, 1996

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the Land Survey Decree (Ordinance No. 2 of August 13, 1912), the Enforcement Rule of the Land Survey Decree (Ordinance No. 6 of the Ministry of Oceans and Fisheries No. 6 of August 13, 1912), the Rules of the Land Survey General, the Rules of the Land Survey Bureau, and the Rules of the Provisional Land Survey Bureau, which stipulate that the owner’s name shall be entered in the cadastral sources prepared according to the result of the land survey. Thus, if it is acknowledged that the cadastral level of a certain person’s name is entered in the land, such fact constitutes a valuable material to deem that the person was into the land’s status as the owner of the land, but it appears that the number, land category, land register, and land owner’s name together with the cadastral level is stated in the land survey division for administrative convenience, and that the remaining land owner’s name is presumed to be the owner of the forest and field’s name within the limit of 19.19.16.19.25.35.6.

According to the records, Gap evidence Nos. 3-1 and 2, whose land of this case is the land of this case, stated that the land of this case was taken on Oct. 26, 1915, before the Joseon Forest Investigation Decree was enforced and completed on Jan. 25, 1916. Since land category was entered around the forest of this case in the vicinity of the forest of this case, the above original map was made up pursuant to the Land Investigation Decree and the relevant provisions. Therefore, even if the land category of this case is forest land, it cannot be presumed that the above original map was the land of this case, merely because the fact that the name of the deceased Lee Jae-won was written on the above original map, even if the land category of this case is forest land.

In addition, according to the records, the court below is just in its purport, and it is just in holding that the court below is hard to believe that the land of this case is the land under the circumstances, and there is no other evidence to acknowledge it, and there is no error of law such as the theory of lawsuit. There is no ground for argument.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)