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(영문) 창원지방법원 2016.09.20 2016가단885

소유권확인 등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s spouse, the Plaintiff’s spouse, is 152 square meters of land B in Kimhae-si, the Plaintiff’s own possession (hereinafter “instant land”).

(D) 1,279 square meters adjacent to D land (hereinafter “Adjoining land”).

(2) On January 22, 2008, C donated the instant land to the Plaintiff on January 22, 2008, and on January 23, 2008, C completed the registration of transfer of ownership under the name of the Plaintiff as the Changwon District Court Kim Sea Registry receipt No. 5975 on the ground of the said donation.

B. On September 2, 2013, the land in this case, including the cadastral resurvey and the determination of the imposition of adjustment fees, was designated as the cadastral resurvey district. On October 1, 2014, the Boundary Determination Committee determines the area of the land in this case as 266.5 square meters increased from the previous 152 square meters to 114.5 square meters, and the same month thereafter;

2. The above decision was notified to the Plaintiff.

2) Co-owners of adjoining land raise an objection to the boundary determination indicated in the foregoing paragraph (1) on November 17, 2014. Accordingly, the open boundary determination committee again decided on December 8, 2014 that the size of the instant land is 152 square meters as 210.8 square meters.

(3) According to the instant decision, the Defendant: (a) determined the size of the instant land as 58.8 square meters; and (b) imposed the Plaintiff an adjustment amount of KRW 19,345,200 (=58 square meters x 329,000) on December 29, 2014 regarding the increase in the size of land on December 29, 2014; (c) on February 23, 2015, the Plaintiff filed an objection against the imposition of the said adjustment amount, but the Plaintiff filed an objection against the said imposition on February 23, 2015.

4.0. 10. The decision was made by the Cadastral Resurvey Committee’s resolution on the objection to the conciliation amount, and the Plaintiff filed a second objection on December 29, 2015 with respect to the said conciliation amount, but the said objection was not accepted.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, 11, Eul 1 to 7, and 10, respectively.