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(영문) 부산지방법원 2017.04.13 2016구합1166 (1)
지적재조사조정금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Pursuant to Article 8(1) of the former Special Act on Cadastral Resurvey (Amended by Act No. 13782, Jan. 19, 2016; hereinafter “Cadastral Act”), the head of Busan Metropolitan City designated and publicly announced a cadastral resurvey project district (public notification of Busan Metropolitan City G) with respect to 10 districts, including E districts (250 m250 m250 m2,635 m2,000) on October 23, 2013.

B. The Defendant is the executor of the cadastral resurvey project regarding the E District (hereinafter “instant project”), and the Plaintiff A owns the shares of 1/2 and 2 of the land in the instant project district, and the shares of 1/2 of the land in the Plaintiff B and 1/2 of the land in the instant project district (hereinafter collectively referred to as “each of the above land”).

C. The Defendant conducted a cadastral resurvey survey on land within the instant project district, prepared a cadastral confirmation report, and submitted it to the Busan Metropolitan City Boundary Determination Committee on June 16, 2015.

On June 25, 2015, the boundary determination committee deliberated on and decided on the boundary determination. Accordingly, the size of the land No. 1 increases to 47.6 square meters (43.6 square meters from 386 square meters), and the size of the land No. 2 by 9.2 square meters (58.2 square meters from 49 square meters) respectively.

On June 30, 2015, the defendant notified the plaintiffs of the above boundary decision, and the plaintiffs did not object to this.

E. Meanwhile, the landowners’ council composed of the consent of landowners in the instant project district, determined that the criteria for calculating the adjustment amount for land whose area has increased or decreased in the project district should be the appraised value requested by the appraisal corporation, and notified the Defendant on March 26, 2015.

Accordingly, on October 28, 2015, the Defendant requested two appraisal corporations to conduct an appraisal for the calculation of the adjustment amount, and the appraisal corporations as of November 3, 2015 (from November 2, 2015 to November 3, 2015), which is the date of completion of the price investigation, shall be the appraised amount per square meter of each of the instant lands as of November 3, 2015 (from November 2, 2015 to November 3, 2015).

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