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(영문) 광주고등법원 2016.11.24 2016누3764

지적재조사 조정금 취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On November 22, 1999, the Plaintiff completed the registration of ownership transfer on the land B 152.1 square meters in Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”) due to the inheritance due to the agreement division as of August 31, 1998.

B. On July 24, 2013, the Defendant established an implementation plan for the cadastral resurvey project (hereinafter “instant project”) on the 409 parcel in Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “Cadastral”) and accordingly, designated the vice governor of the Korea Land Information Corporation as a survey agent from December 3, 2013.

C. On August 13, 2014, the Defendant notified the Plaintiff of the cadastral confirmation protocol regarding the area of land through the previous land area and the cadastral resurvey on the cadastral record, and the said notification reached the Plaintiff on August 20, 2014.

On October 31, 2014, the Seo-gu Boundary Determination Committee deliberated and resolved on the boundary determination of 409 parcel of land included in the instant project district. The area of the instant land was determined to be 156 square meters, and 3.9 square meters increased compared to the previous one. On October 31, 2014, the Defendant notified the Plaintiff of the said boundary determination and reached the Plaintiff on November 4, 2014.

However, the plaintiff did not raise any objection against this.

E. On March 9, 2015, the Seo-gu Cadastral Resurvey Committee deliberated and resolved on matters concerning the calculation of the adjustment amount of the land whose area was increased or decreased by the instant project. The adjustment amount of the instant land was calculated as KRW 1,895,400 on the basis of the publicly assessed individual land price (i.e., the aforementioned KRW 3.9 square meters x the publicly assessed individual land price 486,00

F. Accordingly, on May 4, 2015, the Defendant notified the Plaintiff that the instant adjustment amount was calculated as above, and notified the Plaintiff of the payment notice of KRW 1,895,400 on May 14, 2015 (hereinafter “instant disposition”).

G. On July 14, 2015, the Plaintiff issued the instant disposition to the Defendant.