Whether rejection of an application for change of registered matters in the cadastral record constitutes an administrative disposition subject to an appeal litigation (negative)

An act of entering a certain matter in the cadastral record, such as land cadastre, or changing a registered matter, is intended to take the convenience of the execution of administrative affairs and the fact-finding data, and does not cause any change in the substantive legal relationship of the relevant land due to registration or change, and thus, the competent authority refused an application for change of the registered matter and thus cannot be deemed an administrative disposition subject to appeal litigation

Article 2 of the Administrative Litigation Act

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-soo and 2 others, Counsel for plaintiff-appellant) and 1 other (Law Firm 1991,1005, Counsel for plaintiff-appellant)

Plaintiff

Head of Dongdaemun-gu Seoul Metropolitan Government

Seoul High Court Decision 92Gu9786 delivered on December 16, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the Plaintiff’s ground of appeal

An act of entering or recording certain matters in the cadastral record, such as land cadastre, for the convenience of the execution of administrative affairs and the verification of facts, and does not cause any change in the substantive legal relationship with respect to the relevant land due to the registration or change thereof, and thus, the competent authority refused an application for change of the registered matters and thus cannot be deemed an administrative disposition subject to appeal litigation (see Supreme Court Decision 90Nu705 delivered on February 12, 1991; Supreme Court Decision 91Nu8357 delivered on December 24, 1991).

In the same purport, the court below held that the lawsuit of this case seeking the cancellation of the defendant's disposition that rejected the application for land category change on the cadastral record, such as the land cadastre, is unlawful, which is justifiable. The argument is without merit.

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

Justices Yoon Young-young (Presiding Justice)