경계결정 이의신청에 대한 결정취소 청구의 소
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.
1. Details of the disposition;
A. The Plaintiff is the owner of B large-scale 537 square meters (hereinafter “instant land”) in Gyeyang-si, and the instant land is located within the cadastral resurvey district executed by the Yangsan City pursuant to the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”).
B. Pursuant to Article 2 subparag. 18 of the Spatial Data Establishment, Management, etc. Act, Article 104(1) of the Local Autonomy Act, and Article 2 of the Ordinance on the Delegation of Administrative Affairs in Yangsan City, the Defendant delegated a cadastral-related affairs from the Yangsan City Mayor to the Plaintiff on July 29, 2014, notified the Plaintiff of a cadastral confirmation report based on the result of the cadastral resurvey survey pursuant to Article 15(3) of the Cadastral Survey Act. According to the cadastral confirmation report notified by the Defendant, the final area of the instant land was 76.8 square meters or less than 537 square meters, which is the area indicated in
C. On December 1, 2014, the Plaintiff submitted a written opinion that he/she is unable to consent to the above cadastral confirmation protocol to the Defendant. On December 1, 2014, the Defendant notified the Plaintiff of the boundary determination committee under Article 16(3) of the Cadastral Resurvey Act. In light of the contents of the said boundary determination, the boundary of the instant land was determined as indicated in the annexed drawing, and the area of the instant land was determined as 460.2 square meters as the same as
On March 4, 2015, the Plaintiff filed an objection against the foregoing decision, and the Yangsan City made a re-decision on the objection to boundary determination under Article 17(4) of the Cadastral Resurvey Act (hereinafter “instant disposition”). On March 10, 2015, the Defendant notified the Plaintiff of the written decision. The content of the re-decision also determined the boundary of the instant land as in the attached Form, and determined the size of the instant land as 460.2 square meters.
E. On April 21, 2015, the Plaintiff notified the Defendant that he/she is dissatisfied with the instant disposition and filed an administrative litigation.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, and Eul.