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(영문) 부산지방법원 2019.12.19 2019구합720
감정평가 취소 및 재감정청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is the owner of Gangseo-gu, Busan (hereinafter referred to as “instant land”).

On April 13, 2017, the head of Busan Metropolitan City publicly announced C, which was designated and publicly announced as the cadastral resurvey project district (E zone) of Gangseo-gu Busan Metropolitan City, including the land in this case.

The defendant, following the resolution of the Gangseo-gu Busan Metropolitan City Boundary Determination Committee, was determined as follows, and the above boundary was determined on December 11, 2018.

The Defendant, on December 11, 2018, requested F and G Co., Ltd. to conduct an appraisal in order to calculate the amount of adjustment for cadastral resurvey project in E district, on December 14, 2018, when the boundary is determined, and the said appraisal was completed on December 14, 2018.

(hereinafter “instant appraisal”). On February 14, 2019, after deliberation by the Gangseo-gu Busan Metropolitan City Cadastral Resurvey Committee, the Defendant notified the Plaintiff of the adjustment amount as indicated below:

(2) On February 22, 2019, the Defendant notified the Plaintiff of the instant adjustment amount by August 22, 2019, that the instant adjustment amount would be received by August 22, 2019.

(hereinafter “instant disposition”). On March 8, 2019, the Plaintiff filed an objection to the instant adjustment amount with the Defendant pursuant to Article 21-2 of the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”). However, the Defendant notified the Plaintiff of the result of the decision to dismiss the objection to the adjustment amount on April 1, 2019, following deliberation and resolution by the Gangseo-gu Busan Metropolitan City Cadastral Resurvey Committee.

(hereinafter “Notification of Results.” The Plaintiff dissatisfied with the instant notification and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission on April 16, 2019, but the said appeal was dismissed on May 27, 2019.

[Ground of recognition] dispute.

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