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(영문) 춘천지방법원 2017.08.25 2017구합50544
지적공부등록사항 직권정정거부처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 23, 1980, the Plaintiff divided the Gangseo-gun C Forest (hereinafter “A forest before division”) owned by the Plaintiff into C forest of KRW 171,883 square meters (hereinafter “C forest after division”) and B forest of KRW 15,764 square meters (hereinafter “B forest”) and sold C forest to a third party.

B. On November 9, 2016, the Plaintiff filed an application for ex officio correction of the registered matters in the cadastral record on the ground that “The part of the remaining forests and fields, excluding the part where the cemetery is located, among the forests and fields C before the division, was divided into B forest and field, and the cemetery two period was indicated after the division in the cadastral record due to the error of the survey.”

C. On November 14, 2016, the Defendant notified the Plaintiff that “No ground exists to deem that the cemetery portion was divided at the time of the division, and that ex officio correction is impossible without the consent of the neighboring land owner pursuant to Article 84(3) of the Act on the Establishment, Management, etc. of Spatial Data and Article 93 of the Enforcement Decree of the same Act (hereinafter “instant notification”).

Around that time, the Plaintiff appealed to the instant notification and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission. The Gangwon-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 13, 2017, and the Plaintiff filed the instant lawsuit on March 16, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 4 through 8 (including branch numbers, if any; hereinafter the same shall apply), Eul 7 and 8, and the purport of the whole pleadings

2. Article 84 (Correction of Registered Matters) (1) of the Act on the Establishment, Management, etc. of Spatial Data on the Establishment, etc. of Spatial Data (hereinafter “Spatial Data Management Act”) provides that a landowner may request the competent cadastral authority to correct any error in registered matters in the cadastral record.

(2) The competent cadastral authority shall render cadastral records.

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