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(영문) 울산지방법원 2020.08.13 2019구합6813
조정금부과처분 취소
Text

1. The lawsuits of plaintiffs B, C, G, I, J,O, X, ASS, ATS, AW, AZ, BI, and B shall be dismissed respectively.

2. Plaintiffs A, D, E, F, H, K, L, M, N, P.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the owners of land in Ulsan-gu BNdong, Ulsan-gu, and the Defendant established an implementation plan for BM district cadastral resurvey on March 3, 2016 for the land of 321, 60,790 square meters in Ulsan-gu BO, Ulsan-gu, Seoul-gu under the former Special Act on Cadastral Resurvey (amended by Act No. 17219, Apr. 7, 2020; hereinafter “former Cadastral Resurvey Act”), and completed the public announcement of completion of the project and the preparation of a cadastral record on December 26, 2017.

B. On November 27, 2018, the Defendant, upon deliberation by the Cadastral Resurvey Committee, determined the criteria for calculating the adjustment amount as the appraised value, prepared an individual adjustment amount report, and issued a notice of the payment of adjustment amount to the relevant prop, including Plaintiff B, G, I, I, J, X, X, AR, AS, ATS, AW, AW, BI, and BK on December 11, 2018. On January 25, 2019, the Defendant issued the Plaintiff C a notice of payment of adjustment amount.

C. On March 6, 2019, the Defendant requested a re-appraisal on the grounds that some of the props filed an objection. On April 29, 2019, the Defendant notified the result of the re-appraisal on May 3, 2019 after deliberation by the Cadastral Resurvey Committee. Accordingly, the notice of payment of adjusted amount was given from May 3, 2019 to June 4, 2019 to Plaintiffs A, D, E, E, F, H, H, H, K, M, L, M, P, Q, Q, R, S, T, T, U,V, M, Z, AB, AB, AC, AD, AE, AF, AF, AH, AJ, AJ, AM, APE, AP, AV, AV, AV, AV, AV, AV, B, B, B, B, B, B, B, B, B, B, B, Y, B, B, B, B, B, B, B, and voluntarily.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the actions of the Plaintiff B, C, G, I, J,O, X, AC, AP, AR, AS, ATS, AV, AW, AZ, BI, and BJ are legitimate

A. On July 25, 2019, the Defendant did not raise an objection against the notification of the adjustment amount sent by the Defendant on December 11, 2018, and the Defendant received the notification of the adjustment amount, and on September 25, 2019, the date of the instant lawsuit on September 16, 2019.

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