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(영문) 부산고등법원 2019.11.13 2019누21009
지적재조사지구 경계결정 이의신청 기각결정 취소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance, except for the deletion of “for the plaintiff,” the last part of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Judgment on the main defense of this case

A. The main purport of the main defense is that the provision on an objection by an interested person under Article 17 of the Cadastral Resurvey Act is unlawful, since the provision on an objection by an interested person is not a disposition subject to administrative litigation, and thus, it does not constitute an exercise of public authority or an equivalent administrative action that may cause a new change in the rights and obligations of the person who has filed a formal objection, and thus, the lawsuit of this case is asserted to be unlawful.

B. According to Article 17 of the Cadastral Resurvey Act, a landowner or an interested person may file an objection with the competent cadastral authority within 60 days from receipt of a notice of the determination of a boundary from the competent cadastral authority (Paragraph 1), and the competent cadastral authority shall send a written objection received to the Boundary Determination Committee (Paragraph 3), and the Boundary Determination Committee shall make a decision on the objection within 30 days from receipt of the written objection (Paragraph 4), and when the Boundary Determination Committee makes a decision on the objection, it shall notify the competent cadastral authority of the details thereof, and the competent cadastral authority shall prepare a written decision within seven days from receipt of the notification of the decision of decision,

(5) Paragraph 5. The Cadastral Resurvey Act.

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