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The essence of K-FilterExpr-51 is: ((0, 1, 2, "a", "b", "c")[. instance of xs:string][. treat as xs:string eq "c"] treat as xs:string) eq "c" which expects the answer "true". However, XQuery 2.3.4 quite explicitly states (giving a very similar example), that the predicates could be reordered and that it is acceptable for an implementation to raise a type error. K-FilterExpr-52 is similar.
Added XPTY0004 to K-FilterExpr-51 and K-FilterExpr-52 in CVS.
I think the error should be XPDY0050, rather than XPTY0004 (see XQuery 3.1.2.6)
Fixed in CVS.