하천부지감정평가 재실시
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why the court should explain this part of the disposition are as follows: “The following” (i.e., 23 square meters x 398,000 square meters x 398,000 square meters x the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The purport of Article 20(1) of the Cadastral Resurvey Act is to collect or pay adjustment payments for the adjustment of mutual interests between landowners only in cases where a boundary change occurs between neighboring land and a change in the area of an individual parcel of land actually occurs, and accordingly there is an increase in the area on the public register. However, as a result of the cadastral resurvey of the previous land, the increased area of the previous land includes not only the part of the previous land but also the increased area without a boundary change. As such, the instant disposition imposing adjustment payments on the ground that the area on the public register increases without a boundary change is unlawful, although the said provision cannot be applied to the increased area on the land without a boundary change. (2) As a result of the cadastral resurvey, it is unlawful to calculate adjustment payments on the basis
3) It is unlawful to impose the adjustment payment on the river site partially incorporated into the previous land of this case even after the Plaintiff had already acquired the prescription. (b) Determination 1 is as indicated in the relevant Acts and subordinate statutes. (c) Article 20(1) of the Cadastral Resurvey Act provides that “Where the area in the cadastral record is increased or decreased due to the confirmation of boundary under Article 18, the competent cadastral authority shall collect or pay the adjustment amount based on the details of increase or decrease in the area by lots,” and the following circumstances are as follows.