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1. On January 12, 2016, the Defendant’s disposition of imposition of KRW 19,738,000 against each of the Plaintiffs shall be revoked.
2...
Reasons
1. Details of the disposition;
A. On December 5, 2013, the area of the land was increased to 418.9 square meters on the cadastral record, the boundary of which was again determined through a cadastral survey and became final and conclusive on December 5, 2013, the area of the land on the cadastral record was 418.9 square meters.
(hereinafter “instant land”). After completion of the cadastral resurvey, the Defendant publicly announced that the cadastral resurvey project was completed on June 8, 2015. On June 12, 2015, the area of the instant land was indicated and corrected as 418.9 square meters on the instant land.
B. On June 23, 2015, the Defendant imposed KRW 39,476,00 according to the cadastral resurvey on D, the owner of the instant land at the time of the instant land, and urged D to pay the amount again on December 8, 2015, but D did not pay the amount of adjustment.
C. Meanwhile, on April 23, 2014, the Industrial Bank of Korea received a decision to commence voluntary auction on the instant land and conducted the auction procedure (Seoul District Court Goyang support E). In the auction procedure, the instant land was assessed and bid was conducted based on the size increased according to the result of the cadastral resurvey, and the Plaintiffs awarded a bid for each of the instant land with 1/2 shares, and paid in full the sales price on December 17, 2015.
On January 12, 2016, the Defendant issued the instant disposition imposing KRW 19,738,000 on the Plaintiffs on the ground that the Plaintiffs were successors to the instant land based on Article 21(7) of the Special Act on Cadastral Resurvey, and thus, the obligation to pay the adjustment payment also ought to be succeeded.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, 4, 5, Eul evidence No. 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Article 21(7) of the Special Act on the 1st Cadastral Resurvey of the Plaintiff’s Claim provides that a previous landowner shall succeed to the right if there is an adjustment amount to be received, and the obligation to pay the adjustment amount.