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(영문) 대전고등법원 2017.12.14 2017누11235
조정금 부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of each land (hereinafter referred to as “instant previous land”) including C, Seosan-si, 420 square meters, 92 square meters prior to D, 1,276 square meters for E, 728 square meters for F forest, 723 square meters for G forest, 477 square meters prior to H, 476 square meters for G, 473 square meters prior to J, 104 square meters for K, 164 square meters prior to K, 167 square meters prior to M, 60 square meters for M, 607 square meters prior to N, 52 square meters for P forest, 4,192 square meters for P forest, 595 square meters prior to Q, 1,611 square meters for R forest, 1,278 square meters for forest, etc.

B. On September 10, 2013, Pursuant to the former Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter “Cadastral Act”), the Do Governor designated and publicly notified the cadastral resurvey project (hereinafter “instant project”) district as “Defendant and district name: B, number of parcels: 2,644, size: 2,528,819 square meters, project cost: 40 million won,” and designated and publicly notified the cadastral resurvey project (hereinafter “instant project”).

C. On January 21, 2015, the Defendant rendered a decision on the boundary of the cadastral resurvey reflecting the increased or decreased area of the previous land located in the instant project district as indicated in the “previous Land” column as indicated in the attached Table 1 (hereinafter referred to as “the instant finalized land”) from the “previous Land” column as stated in the attached Table 1 with regard to the previous land located in the instant project district to the Plaintiff.

On October 15, 2015, the Seocho-si Cadastral Resurvey Committee decided the adjustment amount to KRW 6,570,400 in total as shown in the attached Table 1 through the appraisal of the instant finalized land. Accordingly, the Defendant issued a notice of payment of KRW 6,570,400 to the Plaintiff on November 10, 2015 (hereinafter “instant disposition”).

E. Although the Plaintiff raised an objection, on March 3, 2016, the Defendant deliberated and resolved on the ground that the amount of adjustment initially notified by the Seocho-si Cadastral Resurvey Committee is adequate, and dismissed the objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 14, 22, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1.

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