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(영문) 광주지방법원 2016.05.12 2015구합1557
지적재조사 조정금 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 22, 1999, the Plaintiff completed the registration of ownership transfer based on inheritance due to the agreement division dated August 31, 1998 with respect to the land B 152.1 square meters (hereinafter “instant land”).

On July 24, 2013, the Defendant established an implementation plan for the cadastral resurvey project (hereinafter “instant project”) on the 409 parcel in Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “Cadastral”) in accordance with the Special Act on Cadastral Resurvey (hereinafter “Cadastral”), and accordingly, designated the vice governor of the Korea Land Information Corporation as a survey agent from December 3, 2013.

On October 31, 2014, the Seo-gu Boundary Determination Committee deliberated and resolved on the boundary determination of 409 parcel of land included in the instant project district. The area of the instant land was determined as 156 square meters, and 3.9 square meters increased than the previous one. The Defendant notified the Plaintiff of the said boundary determination on the same day.

However, the plaintiff did not raise any objection against this.

On March 9, 2015, the Seo-gu Cadastral Resurvey Committee deliberated and resolved on matters concerning the calculation of the adjustment amount of land, the area of which has increased or decreased as the instant project, and the adjustment amount of the instant land was calculated as KRW 1,895,400 based on the officially assessed individual land price (= the aforementioned KRW 3.9 square meters x 486,000,000).

Accordingly, on May 4, 2015, the Defendant notified the Plaintiff that the instant adjustment amount was calculated as above. On May 14, 2015, the Defendant notified the Plaintiff of the payment notice of KRW 1,895,400 (hereinafter “instant disposition”).

On July 14, 2015, the Plaintiff filed an objection against the instant disposition with the Defendant, and the Defendant dismissed the said objection on August 13, 2015.

[Grounds for recognition] The plaintiff's husband purchased the land of this case around October 17, 1978 and newly constructed the housing on the ground, as to whether the disposition of Gap's evidence Nos. 1 and 8, and the purport of the whole pleadings is legitimate.

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