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(영문) 서울고등법원 2019.11.22 2019누42558
조정금납부 등 처분취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff is modified as follows.

The defendant on November 15, 2017 against the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the land on attached Form 13 (hereinafter “instant land”) indicated in the attached Table 1, including the land for warehouse C in Incheon Strengthening-gun, and the parcel number is specified only when each land is named.

B. On November 5, 2015, the Mayor of Incheon Metropolitan City designated and publicly announced the cadastral resurvey project district (GG) in order to implement the cadastral resurvey project (hereinafter “instant project”) on the parcel of land (title: F; hereinafter “instant project district”) located in Incheon Strengthening-gun E, including the instant land, pursuant to Article 8(1) of the former Special Act on Cadastral Resurvey (Amended by Act No. 14800, Apr. 18, 2017; hereinafter “former Cadastral Resurvey”).

C. The Defendant, as the implementer of the instant project, conducted a cadastral resurvey, etc. on the instant project district, prepared a cadastral confirmation protocol and a survey result map (pre-determined map) and notified the Plaintiff of the results thereof on January 17, 2017.

On February 16, 2017, the Defendant decided on the boundary and size under the cadastral confirmation protocol (hereinafter “instant boundary determination”). On February 21, 2017, the Defendant notified the Plaintiff of the said boundary determination. According to the said boundary determination, the area of the instant land by parcel of “previous land” in the attached Table 1 of the adjustment payment statement was adjusted by the number of parcels of land “the area indicated in the column” in the “area of the land indicated in the column,” the size of the instant land was adjusted by the number of parcels of land indicated in the “area column,” and was increased or decreased by the number of parcels.

E. On April 18, 2017, the Plaintiff filed an objection with respect to H land, L land, and N land in the instant boundary determination. However, on June 2, 2017, the reinforced Military Boundary Determination Committee rendered a decision to dismiss the Plaintiff’s objection respectively, and on June 9, 2017, the Plaintiff did not express its objection within 60 days, even though each of the above decisions reached.

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