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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 is the owner of the land B in Busan Dong-gu (hereinafter “instant land”). Busan Metropolitan City designated and announced the cadastral resurvey project on October 23, 2013 pursuant to Article 8(1) of the Special Act on Cadastral Resurvey (hereinafter “CB”) on the Cadastral Resurvey (hereinafter “CB”), which was located in Busan Dong-gu, Busan, as well as the area of the instant land. On April 10, 2015, the Defendant deliberated and decided on the boundary determination of the land within the said project district and adjusted the area from 292 square meters to 318 square meters.
The boundary became final and conclusive because the Plaintiff did not file an objection within the objection period under Article 18(1)1 of the Cadastral Resurvey Act.
B. In order to calculate the adjustment amount of the instant land, the Defendant requested a new appraisal corporation to conduct an appraisal. The said appraisal corporation: (a) deemed the instant land as a complex on the ground that it is indivisible with the land of Busan Dongdong-gu and calculated the assessed amount of KRW 4,466,00 on the ground that it is in an indivisible relationship with the land of Busan Dong-gu; and (b) the Cadastral Resurvey Committee deliberated and decided on October 13, 2015 as KRW 116,116,16,000 (= KRW 4,466,000 x 26 square meters); and (c) on November 16, 2015, the Defendant issued a notice of payment of KRW 116,116,000 to the Plaintiff.
(hereinafter referred to as “instant disposition”). C.
On December 23, 2015, the Plaintiff filed an objection against the instant disposition with the Defendant pursuant to Article 14 of the Enforcement Decree of the Cadastral Resurvey Act, but was dismissed on February 25, 2016.
On the other hand, the court appraiser F did not evaluate the instant land and E land as a complex on the grounds that “the owners of the instant land and E land are different, and there is a separate contractual relationship with them,” but in consideration of the possibility of combined land, etc. as individual factors, the assessed amount per square meter of the instant land was calculated as KRW 3,181,000. However, the instant land and E land were calculated as KRW 1,181,000.