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The legal issues on the legality review of cadastral survey

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 67(), pp.41-60
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee,Heon-Seok 1

1서원대학교

Accredited

ABSTRACT

The cadastral system is very important. because it becomes the foundation which is the right of ownership and the right of property. Reasoning it is caused by, the quarrel against hereupon is increasing. To solves like this problems, the cadastral act is letting 'legality review of cadastral survey system' which judges the quarrel against consequently hereupon, as the administrative right relief system. But Supreme Court is disapproving disposition of land register and don't agree cadastral committee as administrative judgment commission. So when an administrative agency rejects an application of modifying the boundary and acreage of the land register, it is a doubt that the land owner must bring civil action or administrative action. According to the precedent, the owner is allowed to bring administrative action against an administrative decision concerning the parcelling or reclassification of the land on the register, while it is not allowed to do so in the case of adjusting the boundary of the land. First, the paper discusses cadastral system and legality review of cadastral survey system in general(Ⅱ). that is the concept and legal effect thereof and comes the current law on the legality review of cadastral survey system. Second, this paper discusses on the disposition of land register(III), Third is the discussion of problems with the current 'legality review of cadastral survey system'(IV) and concludes with brief prescriptions to improve the system(V).

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