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(영문) 대전고등법원 2020.10.08 2019누13259
조정금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance or supplementation of such judgment as stated in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. The phrase “190 square meters” in the 2nd place of the 9th place of the installation or supplementation shall be read as “170 square meters (190 square meters after the cadastral resurvey),” and the phrase “457.8 square meters” as “289 square meters (457.8 square meters after the cadastral resurvey), respectively.

The second place of 14 square meters "18.8 square meters" shall be added to "188.8 square meters".

The following matters shall be added subsequent to the “alable” in the first sentence of the fifth page:

In relation to this, the plaintiff asserts that the defendant should have explained to the plaintiff the legal meaning of the above consent under the Cadastral Resurvey Act, especially when the area of the land increases as a result of the project of this case, but the Cadastral Resurvey Act does not provide for the duty to explain the legal meaning of the above consent, and the plaintiff does not have any provision for the duty to explain the legal meaning of the above consent, and the plaintiff seems to have known or to have known that the result of the project of this case would have occurred through the resident presentation or the provisions of the Cadastral Resurvey Act conducted by the defendant prior to the above consent, the part " cannot be viewed as a result of

"This does not intend to change the ownership of the land of the increased or decreased portion, but intends to determine the boundary on the public register. Therefore, the change of the registry due to such increase or decrease is made by the change of the area of title section (the indication of the land), rather than the change of the title section (the matters concerning ownership), and the 7th page 1-4 of " shall be changed as follows

(b).

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