CONTENTS
- 1. The Client Who Sought the Administrative Attorney's Help
- - The Administrative Attorney Explains the Cadastral Resurvey
- 2. Administrative Attorney | Assistance to Protect the Client's Rights and Interests
- - Administrative Attorney | Argument on the Anticipated Circumstances of the Plaintiffs' Filing
- - Administrative Attorney | Argument That City A's Administrative Appeals Commission Had Also Dismissed the Plaintiff's Claim
- 3. Administrative Attorney | Assistance Leads to Dismissal of the Plaintiff's Claim
1. The Client Who Sought the Administrative Attorney's Help
This is the account of a client who sought the attorney's help with a cadastral resurvey.
The plaintiff and the client had received notice of an anticipated cadastral confirmation under which they would exchange part of their land pursuant to City A's land readjustment project.
However, the client's land was far more valuable than the plaintiff's, and the client filed an objection with City A.
City A accepted the client's objection and decided to leave the land as it was, without carrying out the readjustment.
In response, the plaintiff asked that the matter proceed as originally anticipated and filed a suit against City A to confirm the nullity of the disposition deciding the objection to the cadastral resurvey boundary determination.
The client joined that 🔗administrative litigation as an intervenor assisting the defendant and sought help in having the plaintiff's claim dismissed.
The Administrative Attorney Explains the Cadastral Resurvey
The cadastral resurvey project began in 2012. Its purpose is to identify the problems with the current paper cadastral maps and to accurately survey and measure the entire national territory, converting it into a digital cadastre, protecting citizens' property rights and enabling efficient use of the national land.
The project was launched mainly for two reasons: ▲damage and inaccuracy, and ▲reliance on the Tokyo, Japan datum.
The existing paper cadastral maps were surveyed and measured more than a century ago with outdated technology, so the cadastral information is inaccurate. In addition, paper maps tend to deteriorate or become distorted over time.
At present, about 15% of the entire territory of the Republic of Korea is inconsistent with the cadastral maps. The social cost of resulting land disputes alone amounts to 380 billion won per year, and social conflict arises from disputes between neighbors caused by incorrect land boundaries.
Korea's current position is measured using Japan's survey origin (Tokyo), which differs from the global standard by about 365 meters. The cadastral resurvey project was therefore carried out to register positions accurately in a digital cadastre and bring them into line with the global standard.
By clarifying land boundaries through a digital cadastre, the project aims to resolve social disputes and to protect citizens' property rights by registering information about the surface, the ground, and the subsurface in the digital cadastre.
2. Administrative Attorney | Assistance to Protect the Client's Rights and Interests
The attorney undertook the litigation response to protect the client's rights and interests.
Administrative Attorney | Argument on the Anticipated Circumstances of the Plaintiffs' Filing
The attorney made arguments regarding the circumstances of the plaintiffs' filing of the suit.
Through City A's cadastral resurvey boundary determination, the plaintiff stood to receive an unexpected benefit, namely the client's land, which was far more valuable than the plaintiff's own.
The attorney emphasized that, however, once the determination was withdrawn upon the client's objection, it was strongly inferred that the plaintiff disparaged the client and filed the suit.
Administrative Attorney | Argument That City A's Administrative Appeals Commission Had Also Dismissed the Plaintiff's Claim
City A's Administrative Appeals Commission had also held, with respect to the plaintiff's claim to revoke the disposition in this case, that ‘it is difficult to find that the plaintiff is an interested party under the Cadastral Resurvey Act with respect to the land in question, or that any other legal interest entitling the plaintiff to file an administrative appeal is recognized.’
The attorney emphasized that the plaintiff's filing was for a purely private interest and was not a suit falling within the legislative purpose of the Special Act on Cadastral Resurvey.
3. Administrative Attorney | Assistance Leads to Dismissal of the Plaintiff's Claim
As a result of the attorney's assistance, the court issued a judgment dismissing all of the plaintiff's claims.
The cadastral resurvey project is an important undertaking that clarifies land boundaries and stabilizes land ownership.
In this process, however, interests among landowners often conflict, or disagreements over administrative dispositions arise, leading to litigation.
Because the cadastral resurvey project is an area where various laws relating to land apply in combination, it is recommended to respond with the help of an attorney who has specialized knowledge of land boundaries, ownership, and administrative law.
Drawing on a thoroughly analyzed litigation database, Daeryun Law Firm provides response strategies tailored to each client's situation.
If you need an attorney's help in a situation like the one above, you may receive a 🔗attorney referral from Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
