판례에 비추어 본 지적공부상 경계 · 면적 정정신청 거부행위의 처분성 검토

지적공부상 경계·면적 정정신청 거부의 처분성을 검토했다.

It is often founded that the land register does not correspond to the actual state of an real estate because of imperfect land surveys under the Japanese rule, the lose of many land registers during the Korean War, and other factors. When an administrative agency rejects an application of modifying the boundary and acreage of the land register, must the land owner bring civil action, or administrative action? The answer depends on the legal nature of an administrative decision on such application: if the decision is characterized as a disposition, the land owner can bring administrative action; if not, she must resort to civil action.

So this Article examines existing case law concerning the legal nature of administrative decesions on land owners applications for modifying the boundary and acreage of the real estate on the land register. According to the percedent, the owner is allowed to bring administrative action against an administrative decision concerning the parcelling or reclassification of the land on the register, while she is not allowed to do so in the case of adjusting the boundary of the land. In other words, the former is characterized as a disposition, but the latter is not.

It is very important that the land owner should correct the boundary and acreage of the land on the register by means of administrative action. This is because administrative action is the most appropriate measure due to its efficiency and perfectness in protecting the owners property rights. This is why the Article argues that the land owner should be allowed to bring administrative action instead of civil action, when an administrative agency rejects her requset for modifying the boundary and acreage of the land on the register.