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(영문) 의정부지방법원 2019.05.21 2018구합14931
조정금부과처분취소
Text

1. The amount of KRW 154,086,00 out of the amount of KRW 164,70,000, which the Defendant imposed on the Plaintiff A on February 13, 2018.

Reasons

Details of the disposition

On November 6, 2015, the Defendant calculated the Defendant’s execution and adjustment amount of the cadastral resurvey project, with 172,811 square meters and 185 square meters and 185 square meters and 172,81 square meters and 185 square meters and the H District cadastral resurvey project (hereinafter “instant project”) as the project district, and conducted the instant project with the consent of the landowners in the project area.

After surveying the cadastral resurvey, the Defendant determined the boundary of the land within the instant project area according to the cadastral resurvey by the resolution of the Boundary Determination Committee at Yangju-si, and notified the landowners of the boundary determination around August 2017.

On the other hand, as a result of the deliberation of the standards for calculating the adjustment amount for land where the increase or decrease in the area on the cadastral record occurs due to the confirmation of boundary on August 18, 2017, the standards for calculating adjustment amount shall be determined as the “appraisal amount” appraised by the appraisal corporation, and the standards for calculating the appraised value shall be determined as the date for determining the boundary.

On September 27, 2017, the Defendant requested each appraisal of the land subject to the calculation of the adjustment amount within the instant project area to the Company I and J Co., Ltd., and on November 15, 2017, the Cadastral Resurvey Committee held a meeting on November 15, 2017 and decided the adjustment amount based on the appraised value assessed by each of the relevant companies.

The Plaintiffs imposed the adjustment payments to the Plaintiffs are the owners of the land located in Kdong in the instant project zone, and the area of each land owned by the Plaintiffs was increased due to the boundary confirmation following the implementation of the instant project. Accordingly, on February 13, 2018, the Defendant imposed the adjustment payments for the increased area to the Plaintiffs (which is the adjustment payments indicated below as the result of the adjustment) respectively.

The Plaintiffs are on the ground that between February 28, 2018 and April 3, 2018, the amount of adjustment payments under each of the instant dispositions is unfairly excessive to the Defendant.

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