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(영문) 대전지방법원 2018.10.12 2018구합274

지적재조사조정금 감액 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is an owner of 4605 square meters of land for factory in Seo-gu, Seoan-gu, Seoan-gu (hereinafter referred to as “instant land”).

On June 15, 2016, pursuant to the former Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter “former Cadastral Resurvey Act”), the Yananan City Mayor designated and publicly announced the cadastral resurvey project (hereinafter “instant project”) consisting of the following: Defendant, the head of Seoan-gu, the head of Dong-nam, the project district: 324,294 square meters of 308, Seoan-gu, Seoan-gu, Seoan-gu, the Seoul Special Metropolitan City, and 251 square meters of 19,831 square meters of 251, and 360,887 square meters of 459, Dong-gu, Seoan-gu, Seoan-gu, the Seoul Special Metropolitan City (hereinafter “instant project”).

After conducting a cadastral resurvey on land within the instant project district, the Defendant, following the deliberation and resolution by the Seo-gu Boundary Determination Committee on the Boundary on August 31, 2017, determined the boundary of the cadastral resurvey with the purport that the area of the instant land located within the instant project district increases from 4,605 square meters to 4,65.7 square meters.

On December 21, 2017, the Seocho-gu Cadastral Survey Committee passed a resolution of KRW 13,917,150 on the instant land through an appraisal on December 21, 2017, and accordingly, the Defendant issued a notice of payment of KRW 13,917,150 to the Plaintiff on January 3, 2018.

(hereinafter “instant disposition”) e.

On January 10, 2018, the Plaintiff filed an objection, and the Defendant rejected the objection, on February 9, 2018, on the ground that the amount of conciliation initially notified by the Seocho-gu Cadastral Resurvey Committee was appropriate.

[Ground] The Plaintiff’s claim that the disposition of this case is legitimate, based on the following facts: Gap’s evidence Nos. 1, 6 through 8, Eul’s evidence Nos. 1 through 7, and the purport of the entire pleadings, and whether the disposition of this case is legitimate, shall be reduced to KRW 4,096,560 (per piece of land) calculated on the basis of a publicly assessed individual land price of KRW 80,800 (per piece of land in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon Metropolitan City) with respect to the land of this case.

Even the land of this case.