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(영문) 대구지방법원 2020.05.20 2019구합271
지적재조사조정금부과처분취소
Text

1. The Defendant’s imposition of KRW 33,565,250 on December 6, 2018, exceeds KRW 29,951,00, among the disposition imposing the amount of liquidation in the Plaintiff on December 6, 2018.

Reasons

1. Details of the disposition;

A. The Defendant’s execution of the cadastral resurvey project is the Plaintiff’s execution of the cadastral resurvey project (hereinafter “instant land”).

(2) On December 10, 2015, the Defendant established an implementation plan for the cadastral resurvey project (hereinafter “instant project”) with the members of the Daegu Dong-gu, including the instant land as the project district and implemented the instant project with the consent of landowners.

3) The Daegu Metropolitan City Mayor on March 21, 2016 (hereinafter “instant project district”) pursuant to Article 8(1) of the Special Act on Cadastral Resurvey on March 21, 2016, Daegu-gu Seoul Special Metropolitan City City Mayor (128 parcel, 38,682 square meters; hereinafter “instant project district”).

B) A public announcement was made of the designation of the cadastral resurvey project district of Daegu Metropolitan City in 2016. B. The Daegu Metropolitan City East-gu Boundary Determination Committee decided the boundary of land within the instant project district on December 27, 2017, and as a result, the area of the instant land increased from the existing 321 square meters to 30.5 square meters.

2) On December 29, 2017, the Defendant notified the Plaintiff of the said boundary determination, and the Plaintiff did not raise any objection thereto. 3) The Defendant publicly announced that the instant project was completed on June 21, 2018. Accordingly, the area of the instant land indicated on the land cadastre was changed to 351.5 square meters, and the registration was completed by changing the area into 351.5 square meters on the ground of the completion of the cadastral resurvey regarding the registration title of the instant land.

C. On August 3, 2018, the Defendant imposed 36,813,500 won (=1,207,000 square meters x 30.5 square meters x 30.5 square meters) on the Plaintiff’s 30.5 square meters increased to the Plaintiff, and the Plaintiff submitted a written objection on the ground that the amount of the adjustment amount is unfairly excessive. (2) Accordingly, the Defendant requested the Defendant to conduct an appraisal of the instant land on June 20, 2018 with the reference point for E and F as the reference point for appraisal, and the Dong-gu Seoul Metropolitan City Cadastral Resurvey Committee on Cadastral Resurvey.

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