지적재조사에 따른 조정금 부과처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
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 and announced two districts including the instant land pursuant to the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”), including B (529, 519,160 square meters) in accordance with the said Special Act.
C. On August 25, 2015, the Defendant notified the Plaintiff of the boundary determination that the size of the instant land is reduced to 10.6 square meters (=294 square meters before confirmation - 283.4 square meters after confirmation) according to the resolution of the North-gu Boundary Determination Committee.
The Defendant requested each of the F and G Co., Ltd. to conduct an appraisal in order to calculate the adjustment amount of the instant project site. As a result, the assessed amount per square meter of the instant land was calculated as an average of KRW 238,500.
E. In accordance with the above appraisal result, the North-gu Cadastral Resurvey Committee decided the adjustment amount of the instant land as KRW 2,528,100 (=238,500 square meters X 10.6 square meters). On March 21, 2016, the Defendant notified the Plaintiff of the receipt of the adjustment amount.
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. Accordingly, upon the Defendant’s request to conduct an appraisal on the instant land, the assessed amount per square meter of the instant land was calculated at a somewhat higher level than 241,00 won.
Based on this, the North-gu Cadastral Resurvey Committee decided to change the adjustment amount of the instant land to KRW 2,554,600 (=241,000 square meters). On April 28, 2016, the Defendant notified the Plaintiff of the receipt of the changed adjustment amount.
(g) The Plaintiff is dissatisfied with the instant disposition. The Plaintiff filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission on June 23, 2016, but was dismissed on November 18, 2016.
[Ground of recognition] There is no dispute.