조정금납부통지취소 등
1. The plaintiff's main claim is dismissed.
2. The part of the conjunctive claim in the instant lawsuit is dismissed.
3...
1. Details of the disposition;
A. The Defendant, based on the cadastral resurvey project in the said project district, conducted the cadastral resurvey with respect to the land located within the said project district, which is located within the said project district and owned by the Plaintiff (hereinafter “each of the instant land”). As a result, the Defendant issued a notice of payment of KRW 37,180,160,160 to the Plaintiff on December 28, 2017, on the ground that the boundary of each of the instant land has increased or decreased in the area on the cadastral register, on the grounds that the boundary of each of the instant land was confirmed.
B. Accordingly, on June 7, 2018, the Plaintiff filed an objection to the amount of adjustment, and the Defendant, upon reducing the amount of the existing adjustment to the Plaintiff, issued a payment notice of KRW 37,006,220 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the main claim
A. Since the part of the Plaintiff’s assertion that increased the area on the cadastral record of each of the instant land was occupied by the Plaintiff for at least 20 years and acquired by prescription, the instant disposition that imposed the adjustment amount on the Plaintiff shall be revoked in an unlawful manner.
B. Article 20(1) of the Special Act on Cadastral Resurvey (hereinafter “Cadastral”) provides that the competent cadastral authority shall collect or pay an adjustment amount on the basis of the details of increase or decrease of the area by parcel in cases where the area of the cadastral register is increased or decreased due to the confirmation of boundary under Article 18. As such, the cadastral resurvey Act aims at efficiently managing the national land and contributing to the protection of people’s property rights by immediately cutting down the registered matters of the cadastral record that does not coincide with the actual status of the land and converting the cadastral record realizing the paper into digital cadastral record (Article 1), and Article 2 subparag. 4-3 of the Spatial Data Construction and Management Act newly prescribes the indication of land following the cadastral resurvey under the Cadastral Resurvey Act.