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(영문) 의정부지방법원 2015.05.19 2014구합1623
토지(임야)등록사항 정정신청 거부처분 취소
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. On January 28, 1941, the farmland B 527,801 square meters in Gyeonggi-gu, Gyeonggi-do was divided into 515,107 square meters in C forest land (hereinafter “instant adjacent land”) and 12,694 square meters in D forest land (hereinafter “instant land”). As the cadastral record on each of the instant land was lost due to the disturbance of 6025 square meters, the Defendant restored the land registration on January 5, 1970.

B. The instant land is registered as joint oil of the Plaintiff and the designated parties from March 25, 201 to March 25, 2011.

C. On May 2, 2014, the Plaintiff and the designated parties indicated a mistake in the location of the instant land in the forestry map as the cadastral authority’s cadastral records were restored, and thus, the Plaintiff and the designated parties filed an application for correction thereof (hereinafter “instant application”). On May 9, 2014, the Defendant rendered a disposition of refusal against the instant application (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, 7, and 8 (including the number of each branch), the purport of the whole pleadings

2. Since the location of the instant land is mistakenly indicated in the forestry map of the Plaintiff’s assertion, the Defendant shall correct the land in accordance with Article 84(1) or (2) of the Land Survey, Waterway Survey and Cadastral Records Act (hereinafter “Land Survey Cadastral Records Act”).

3. Determination

A. It is as stated in the relevant laws and regulations attached thereto.

B. Article 84(1) of the Cadastral Act provides that “If a landowner finds that any error exists in the registered matters in the cadastral record, he/she may apply for the correction thereof to the competent cadastral authority,” and Article 84(3) of the same Act provides that “where the boundary of an adjacent land is changed due to a correction under paragraph (1), a written consent from a neighboring landowner or a final judgment against a neighboring landowner shall be submitted to the competent cadastral authority.

On the other hand, Paragraph 2 of the same article is the competent cadastral authority.

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