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(영문) 창원지방법원 2020.01.16 2018구합52745
지적재조사경계결정이의신청기각결정취소
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of disposition;

A. On September 5, 2016, the Plaintiff purchased 212 square meters (hereinafter “instant land”) prior to Gyeongnam-Gun, Chungcheongnam-do, Chungcheongnam-do, and completed the registration of ownership transfer on October 6, 2016.

B. On February 9, 2017, the Special Act on Cadastral Resurvey (hereinafter “Cadastral”) was designated and publicly announced as a project district for the cadastral resurvey (D public notification of Gyeongnam-do) around 2017, in accordance with Articles 7 and 8 of the Special Act on Cadastral Resurvey (hereinafter “Cadastral”).

On the other hand, on December 6, 2016, the Plaintiff submitted a written consent to the instant project to the Defendant, who is the competent cadastral authority of the instant project district (Article 2 subparag. 5 of the Cadastral Resurvey Act, and Article 2 subparag. 18 of the Spatial Data Construction and Management Act), and the Defendant conducted a lot survey and cadastral resurvey from April 10, 2017.

C. In determining the boundaries of the instant project district following the resolution of the Southern Navy Boundary Determination Committee, the Defendant determined the boundaries of the instant project district in accordance with the real boundary under Article 14(1)1 of the Cadastral Resurvey Act (attached Form 1), and notified the Plaintiff on October 13, 2017, based on the determination that there is no dispute over the ground boundaries of the instant land.

(hereinafter the above boundary determination is referred to as “instant boundary determination”). D.

On December 15, 2017, the Plaintiff filed an objection on the grounds stated in attached Form 2, but the Southern Navy Boundary Determination Committee dismissed the Plaintiff’s objection. On January 17, 2018, the Defendant notified the Plaintiff of the said decision.

(hereinafter referred to as “decision of dismissal of this case”). E.

On April 24, 2018, the Plaintiff filed an appeal seeking the revocation of the instant decision of dismissal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed the said claim on May 30, 2018.

[Reasons for Recognition] There is no dispute, Gap 1-4, and Eul.

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