경계결정 처분취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. Pursuant to the former Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter “former Cadastral Resurvey Act”), Chungcheongbuk-do designated the land of 1,007, including the land of 714m2 and 3,702m2m2 (hereinafter “the instant land”), which is owned by the Plaintiff, as the cadastral resurvey project district, including the land of 1,007m2, E, including the land of 714m2 and 3,702m2m2, which is owned by the Plaintiff, as the cadastral resurvey project district. The Defendant, a project implementer, carried out the cadastral resurvey project in relation to the F district.
B. On December 27, 2016, the Defendant notified the Plaintiffs of the boundary determination of the instant land with the following details as to the instant land, following a resolution by the Incheon City Boundary Determination Committee.
(hereinafter “instant boundary determination”). CD DD G H A AB
C. The Plaintiff filed an objection against the instant boundary determination on March 6, 2017, but the Defendant dismissed the Plaintiff’s objection (hereinafter “instant dismissal decision”) on March 20, 2017 following the resolution of the Incheon City Boundary Determination Committee. The said dismissal decision was served on the Plaintiff on March 21, 2017.
On the other hand, the decision of dismissal of this case contains the following: “If there is an objection to the boundary decision, it may be dissatisfied with the decision of the Boundary Determination Committee through an administrative appeal or administrative litigation within 60 days from the date of notification under Article 17 of the former Cadastral Resurvey Act, and shall be notified to the competent cadastral authority as to whether there is an objection
E. On June 2, 2017, the Defendant announced and announced the completion of the cadastral resurvey project to the public perusal (I).
F. The Plaintiff filed the instant lawsuit on June 13, 2017 without undergoing an administrative appeal against the instant boundary decision and the instant dismissal decision.
[Reasons for Recognition] Unsurged Facts, Gap evidence 1 to 7, Eul evidence 1, 2, 7, 8, 11.