조정금 부과처분취소
1. On November 10, 2015, the Defendant’s disposition of imposition of an adjustment fee against the Plaintiff shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On September 10, 2013, the Do governor designated and publicly announced the zone of the cadastral resurvey project (hereinafter “instant project”) pursuant to the Special Act on Cadastral Resurvey (hereinafter “cadastral resurvey Act”): B, the number of parcels: 2,644; 2,528,819 square meters; project cost: KRW 400 million.
B. On January 21, 2015, the Defendant notified the Plaintiff of the boundary determination that it reflects the increase or decrease of the size as indicated in the annexed sheet in the “determined Land” column in the annexed sheet, as the land in the instant project district and each land indicated in the “previous Land” column in the annexed sheet, which is owned by the Plaintiff (hereinafter “the previous land”).
C. On October 15, 2015, the Seocho-si Cadastral Resurvey Committee deliberated and resolved on matters concerning the calculation of the adjustment amount of land, the area of which has increased or decreased as the instant project. The adjustment amount for the previous land was calculated as KRW 6,570,400 based on the appraised value. Accordingly, the Defendant issued a payment notice of KRW 6,570,400 to the Plaintiff on November 10, 2015 (hereinafter “instant disposition”).
Although the Plaintiff raised an objection, on March 3, 2016, the Defendant deliberated and resolved on the ground that the amount of adjustment originally notified by the Seocho-si Cadastral Resurvey Committee is adequate, and notified the Plaintiff of the rejection of the objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 14 (including paper numbers), the purport of the whole pleadings
2. The Plaintiff’s summary of the Plaintiff’s assertion reduced the overall size of approximately KRW 204 square meters due to the determination of a new boundary based on the result of the cadastral resurvey.
Nevertheless, imposing the adjustment payment is illegal.
② The previous land in this case is owned by the Plaintiff, and some of which are the boundary of the Plaintiff is adjusted.