법정책학연구논문 ; 지적재조사사업에 의한 소유권의 양적변화에 대한 법정책적 고찰 = Law policy for the quantitative changes in the ownership of the Cadastral business review

지적재조사에 따른 토지 면적 및 소유권 변화의 법정책 쟁점을 살폈다.

The purpose of this study is to suggest a Resolution method according to increase and decrease of the area by comparatively examining the Special Act on adastral Resurvey(draft) that drew up at the the Ministry of Land, Transport and Maritime, Korea Cadastral Survey Corporation and National Assembly since 1996. Namely the purpose of this study is presenting a few logical issues related the cadastral resurvey project which has been examined by Ministry of Land, Transport and Maritime affairs recently.

Currently cadastral system doesn``t coincide with the present land situation because the existing cadastral records have been written on the papers with an old fashioned technology and equipment. Moreover a lot of land information has been digitized, but cadastral information can``t be accurate any longer, so this cadastral system can``t integrate with other land information. To solve this problem, Ministry of Land, Transport and Maritime Affairs has been pursued this bill nationwide.

The boundaries are determined by the law review pointed out, the first of its standards, and the borders of the agreement between the parties with priority stipulates that decision through the resolution of the boundary commission decision to the next. This does not made a decision about the road boundary through the process to file a complaint and a lawsuit may be filed to appeal the decision on the appeal.

In this paper, noticing that the Special Act on Cadastral Resurvey does not clearly stipulate on whether there is change in the real right for the ownership scope of adjacent lands and legislative relationship for specie collection and payment, it is attempted to seek verification on its legislative relationship. It is considered that such attempt will be relevant to resolutions in the boundary disputes in the future. Also divided into resolved and other solutions by reviewing the law pointed to the resolution of legal issues arising from the review pointed out, research was focused on problems and solutions for each occurrence.