지적재조사조정금부과처분취소
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal are assessed against the plaintiff (appointed party) and the appointed party.
1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, except for the addition of the judgment on the part under which the plaintiff (appointed party; hereinafter “the plaintiff”) has repeatedly emphasized or is newly asserted, and thus, it is consistent with the reasoning of the first instance judgment. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Determination 1 as to the Plaintiff’s assertion method, as in the Plaintiff’s assertion method, the base point of appraisal and assessment should also be the base point of time as of September 2, 2015, where the Plaintiff acquired an increased portion of land even if not, as of September 3, 2015 (from July 3, 2015, when the Plaintiff was notified of the boundary determination, the boundary determination date shall be the base point of time). As such, each of the dispositions in the instant case, which calculated the adjustment amount based on the appraised value at the time of November 3, 2015, which was later the base point of time as of November 3, 2015, is unlawful. 2) Since the Cadastral Resurvey Act determines the method of calculating the adjustment amount and the assessment method based on the publicly assessed individual land price, the base point of time as of the publicly assessed individual land price should not be the base
However, the Cadastral Resurvey Act does not stipulate an express provision, unlike the case where the amount of adjustment is calculated based on the publicly assessed individual land price as to the standard point of time when requested by the appraisal corporation.
Meanwhile, according to the Cadastral Resurvey Act, a boundary determination based on the cadastral resurvey shall be determined by the resolution of the Boundary Determination Committee, and where a landowner or an interested person who has been notified of the boundary determination is dissatisfied with it, he/she may file an objection with the competent cadastral authority within 60 days from the date of receipt of the notification.