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(영문) 서울고등법원 2017.09.01 2017누46341
지적재조사 조정금 부과처분취소
Text

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.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal for the citing the judgment of the court of first instance are not significantly different from the contents already alleged in the court of first instance. However, the fact-finding and decision of the court of first instance are deemed legitimate even if all the plaintiff's allegations in

Therefore, the reasoning for this Court regarding this case is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for adding the following supplementary judgments, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article

【Supplementary decision】 The Plaintiff’s assertion that the amount of adjustment was unlawful since the Defendant calculated and imposed the amount much higher than the publicly assessed individual land price on the Plaintiff. However, Article 20(3) of the former Special Act on the Cadastral Resurvey (amended by Act No. 13782, Jan. 19, 2016) provides that “The adjustment amount shall be determined based on the publicly assessed individual land price under the Public Notice of Values and Appraisal of Real Estate Act at the time the competent cadastral authority designated and publicly announced the project district, or shall be calculated based on the appraised value by requesting it to the appraisal corporation under Article 28 of the same Act at the time of calculating the adjustment amount.” As such, the Defendant may request one of the appraisal values appraised by the publicly assessed individual land price

Therefore, it is legitimate that the defendant calculates and imposes the adjusted amount based on the appraised value by requesting the appraisal corporation according to the deliberation and resolution of the Cadastral Resurvey Committee.

The defendant who is obligated to collect and pay the adjustment money from the land owner whose area on the cadastral register increases through the cadastral resurvey project shall be bound to apply the same calculation criteria in imposing and paying the adjustment money.

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