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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was the owner of land of 271m2 in Seo-gu Incheon Metropolitan City (hereinafter “instant land”).
However, on November 13, 2013, pursuant to Article 8(1) of the Special Act on Cadastral Resurvey (hereinafter “Special Act”), the Defendant designated a cadastral resurvey project district with respect to the said land, including the said land, and subsequently implemented the said land. As a result, the boundary and lot number of the said land was changed and the area of the said land increased to 300 square meters.
(hereinafter “new land of this case”). After that, the Plaintiff did not file an objection within the objection period under Article 18(1)1 of the Cadastral Resurvey Act, and the said boundary became final and conclusive as it is.
B. As a result, the Defendant: (a) requested an appraisal corporation of Nonparty Co., Ltd. and a corporation, one appraisal corporation, to appraise the amount of liquidation on the size of 29 square meters among the new land in the instant case; and (b) was calculated as an average of KRW 217,500 per square meter of the said land.
In accordance with the above appraisal result, the Seo-gu Incheon Metropolitan City Cadastral Resurvey Committee deliberated and resolved on the adjustment amount of the above land as KRW 6,307,500 (=217,500 x 29 m29 m2), and the Defendant notified the Plaintiff of the payment of the adjustment amount on February 15, 2016.
C. On the other hand, the Plaintiff was on April 7, 2016.
In accordance with Article 14 of the Enforcement Decree of the Cadastral Resurvey Act, the Defendant filed an objection against the adjustment amount entered in the port with respect to the new land in this case, and the Defendant requested re-appraisal to the Non-Party’s appraisal corporation and the future appraisal corporation of the new land in this case, and as a result, an average of KRW 213,000 per square meter of the said land was calculated as less than the previous one
Based on this, the Seo-gu Incheon Metropolitan City Committee for Cadastral Resurvey decided to change the adjustment amount of the above land to 6,177,000 won (=213,000 square meters x 29 square meters). On June 10, 2016, the Defendant issued a notice of payment of the changed adjustment amount to the Plaintiff.
On February 1, 2016