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(영문) 광주지방법원 2019.12.12 2018구합937
지적재조사경계결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of Gwangju Dong-gu B (hereinafter “instant land”), and the Defendant is the implementer of C cadastral resurvey project including the instant land (hereinafter “instant project”).

B. On March 6, 2015, the Plaintiff submitted a written consent to the instant project to the Defendant, and the Defendant conducted a lot survey and a cadastral resurvey survey of the instant project district from July 2015 to December 2015.

C. In determining the boundaries of the instant project district following the resolution of the Dong-gu Gwangju Metropolitan City Boundary Determination Committee, the Defendant: (a) deemed that there is no dispute over the ground boundaries with respect to the instant land, and determined the boundaries as indicated in attached Form 1 “Notice of Boundary Determination” in accordance with the real boundary under Article 14(1)1 of the former Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter “former Cadastral Resurvey”); and (b) notified the Plaintiff of the determination (hereinafter “instant disposition”).

The plaintiff filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission after filing an objection, but was dismissed on November 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 5 through 9, 15 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff alleged that the land of this case was in dispute with the owner of the land of Gwangju Dong-gu adjacent to the land of this case, but the defendant decided to the actual boundary by regarding the boundary as "where there is no dispute over the ground boundary" under Article 14 (1) 1 of the former Cadastral Resurvey Act, and thus the disposition of this case was unlawful.

3. Attached Form 2 of the relevant Acts and subordinate statutes;

4. Determination

(a) Article 14 of the former Cadastral Resurvey Act is land owned by a landowner, if there is no dispute over ground boundaries;

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