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(영문) 인천지방법원 2019.04.05 2017구합55347

조정금납부 등 처분취소

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1. The Defendant’s payment notice of KRW 235,130,150 against Plaintiff A, which was made on November 15, 2017, is KRW 26,798,990.

Reasons

1. Details of the disposition;

A. Plaintiff A is the owner of the land on 13 lots (hereinafter “Plaintiff-owned land”) indicated in the attached table of the adjustment payment sheet, including the land for the warehouse C in Incheon Strengthening Group. Plaintiff B is the owner of the land on 13 lots (hereinafter “Plaintiff-owned land”). Plaintiff B is the owner of the 62/63 equity share in D road (hereinafter “Plaintiff-owned land”); Plaintiff B is the “Plaintiff-owned land” and “Plaintiff-owned land”; Plaintiff B is the “instant land”; when each land is named, it is the owner of the 62/63 equity share.

B. On November 5, 2015, the Mayor of Incheon Metropolitan City issued a public announcement of the designation of the cadastral resurvey project (hereinafter “instant project”) for one member of Incheon reinforced Military E, including the instant land, pursuant to Article 8(1) of the former Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter “former Cadastral Resurvey”) (Notice G of Incheon Metropolitan City), and the Defendant prepared a land survey and cadastral resurvey, and submitted it to the Reinforcement Military Boundary Determination Committee.

C. On February 16, 2017, the Strengthening Military Boundary Determination Committee deliberated and resolved on the boundary determination according to the instant project. Accordingly, according to the following, the size of the Plaintiff’s land in the Plaintiff’s cadastral record is increased or decreased to the size indicated in the “area” column of “determined land” as indicated in the attached Form Adjustment Table, and the size of the Plaintiff’s land in the Plaintiff’s cadastral record decreases from the previous 321 square meters to 262.4 square meters (the instant land whose boundary is determined and the size of which is increased or decreased by the instant project is referred to as “the instant finalized land”).

On February 21, 2017, the Defendant notified the Plaintiffs of the above boundary determination, and the Plaintiff A partly raised an objection to the above determination on April 18, 2017, but was dismissed on June 2, 2017 at the Strengthening Military Boundary Determination Committee. The decision reached the Plaintiff on June 9, 2017.

On the other hand, the defendant on August 18, 2017.