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(영문) 대구지방법원 2017.01.25 2016구합1259
조정금부과처분취소
Text

1. Of the instant lawsuit, the part exceeding KRW 2,965,200 shall be dismissed.

Reasons

1. Basic facts

A. On November 30, 2015, Pursuant to Article 20 of the Special Act on Cadastral Resurvey (hereinafter “Cadastral”) for the reason that the area of the land owned by the Plaintiff increased on the cadastral record, the head of Lidong-gun notified the following (hereinafter “instant notification”) of the obligation to pay the adjustment payment (hereinafter “instant adjustment payment”), and the said notification was served on the Plaintiff on December 4, 2015.

As a result of the previous land adjustment, the amount of the adjusted amount per square meter of the area of increase or decrease in the area of land determined in the previous land shall be 42,965,200,000 square meters in the sum of the 15.3 square meters in the 15.3 square meters in the 15.3 square meters in the Gyeongdong-gun in the 1,277 square meter of land, B, 1,277 square meters in the 1,306.7 square meters in the 1,306.7 square meters in the 1,000 square meters in the 1,000,000 41,013,000 11,000 square meters in the 2,000 square meters in the

B. Around December 21, 2015, the Plaintiff filed an objection, and the Defendant dismissed the Plaintiff’s objection on March 15, 2016, and the Defendant’s decision to dismiss the objection was served on the Plaintiff on March 17, 2016.

C. On August 12, 2016, the Plaintiff paid KRW 40 million out of the instant conciliation amount to the Defendant.

The plaintiff filed an appeal suit seeking revocation on the premise that the notice of this case was an administrative disposition (Article 3 subparagraph 1 of the Administrative Litigation Act).

However, on November 23, 2016, the Defendant filed a motion for the modification of the principal safety defense in the form of a party litigation (Article 3 subparag. 2 of the Administrative Litigation Act), while the notification of this case is not an administrative disposition, and this court permitted it.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 16 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion 1) The increase in the area on the cadastral records of the 1 and 2 of this case (hereinafter "the increase in the cadastral records of this case")

The Defendant’s Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Act”) for the construction of a road, which is a public work project around 2006.

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