지적재조사에 따른 조정금 부과처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. The Plaintiff is the owner of the land located in Gwangju Northern-gu C (hereinafter “instant land”).
B. On December 21, 2012, the Gwangju Metropolitan City Mayor designated two districts, including B districts including the instant land (529 lots, size 519,160 square meters in Gwangju Metropolitan City) in accordance with the former Special Act on Cadastral Resurvey (Amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Cadastral Resurvey Act”).
C. Around August 25, 2015, the Defendant rendered a boundary determination (hereinafter “instant boundary determination”) with the content that the size of the instant land is reduced to 10.6 square meters (i.e., 294 square meters before confirmation - 283.4 square meters after confirmation) according to the resolution of the “North-gu Boundary Determination Committee,” and sent the notice of boundary determination to the Plaintiff.
(See Attached 1 cadastral map). (d)
The Defendant requested the F and G Co., Ltd. to conduct an appraisal for the calculation of the adjustment fee for the above B-site, and determined the assessed amount per 1 square meter of the instant land as KRW 238,500.
E. The “North-gu Cadastral Resurvey Committee” has deliberated and decided on the amount of adjustment of the instant land based on the said value per square meter as KRW 2,528,100 (=238,500 square meters x 10.6 square meters). The Defendant notified the Plaintiff of the receipt of the said adjustment amount on March 21, 2016.
F. On March 30, 2016, April 12, 2016, and April 25, 2016, the Plaintiff filed an objection to the amount of adjustment indicated in the said paragraph with the Defendant over three times on April 25, 2016, and accordingly, the Defendant requested the H to conduct an appraisal on the instant land (hereinafter “instant appraisal”). As a result, the assessed amount per square meter of the instant land was calculated at a higher level than 241,00 won.
Accordingly, the “North-gu Cadastral Resurvey Committee” decided to change the adjustment amount of the instant land into KRW 2,554,600 (=241,000/m2 x 10.6m2 x 10.6m2), and the Defendant was above the adjustment amount of the instant land on April 28, 2016.