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(영문) 서울고등법원(춘천) 2020.10.19 2020누676
조정금 이의신청 기각결정 취소
Text

The part of the judgment of the first instance against the plaintiff (appointed party) and the appointed party shall be revoked.

Plaintiff (Appointed Party) and .

Reasons

1. The grounds of the judgment of the court of first instance, which partially accepted the judgment, are as follows: “The developments leading to the 1. Disposition” to “the legal nature of the instant lawsuit; and

A. The part of the Defendant’s main defense to the Defendant’s main defense is as follows: “2,737,500” to “73,948,000” to “73,948,00; and “73,948,00” to “2,737,500” to “2,737,50” to “the part against the Plaintiffs in the reasoning of the first instance judgment; therefore, it is identical to the part against the Plaintiffs in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Part that differs from the judgment of the court of first instance

B. Determination 1) Article 20 of the Cadastral Resurvey Act provides that the competent cadastral authority shall collect or pay an adjustment amount on the basis of the details of increase or decrease in the area by parcel where the area on the cadastral register is increased due to boundary determination (Paragraph 1); and that when the competent cadastral authority intends to calculate an adjustment amount, it shall undergo deliberation by the competent Si/Gun/Gu Cadastral Resurvey Committee (Paragraph 4). Article 21 of the same Act provides that when a cadastral authority calculates an adjustment amount, it shall prepare a protocol of adjustment and notify each landowner of the adjustment amount without delay (Paragraph 2), and shall notify the landowner of the receipt or payment notice of the adjustment amount within 10 days from the date of notification of the adjustment amount (Paragraph 3), the competent cadastral authority shall pay the adjustment amount within six months from the date of notification of receipt (Paragraph 4); and the person who received the payment notice shall pay the adjustment amount within six months from the date of imposition (main sentence of paragraph 5); and Article 21-2 of the Cadastral Resurvey Act may file an objection with the competent cadastral authority within 60 days from the date of receipt or notification.

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