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(영문) 울산지방법원 2020.06.18 2019구합6714
본법 1,2지구 지적재조사사업 조정금 납부 고지처분 취소 청구의 소
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 Defendant’s execution of the cadastral resurvey project is the Plaintiff’s execution of the cadastral resurvey project (hereinafter “instant land”).

(2) On August 31, 2016, the Defendant established an implementation plan for the cadastral resurvey project (hereinafter “instant project”) with Driwons, including the instant land, as the project district and applied for the designation of the cadastral resurvey project district with consent from landowners.

3) On December 15, 2016, the Special Act on Cadastral Resurvey (amended by Act No. 14800, Apr. 18, 2017; hereinafter referred to as the “former Cadastral Resurvey Act”).

(B) Pursuant to Article 7 of the same Act and Article 6 of the Enforcement Decree of the same Act, the Seoul Special Self-Governing Province was designated and publicly announced as the Seoul Special Self-Governing Province in 2017, including the instant land. (b) The Defendant was able to present its opinion by completing the cadastral resurvey on September 26, 2017 and notifying the Plaintiff of the details of the cadastral confirmation schedule pursuant to Article 15(3) of the former Special Self-Governing Province Act.

2) The Plaintiff did not submit a written opinion on the cadastral confirmation protocol. On December 1, 2017, the Yangsan City Boundary Determination Committee decided the boundary of the land within the instant project district on the cadastral survey. As a result, the area of the instant land increased from 466 square meters to 536.7 square meters. 3) On December 5, 2017, the Defendant notified the Plaintiff of the details of the said boundary determination, and the Plaintiff did not object thereto.

4. On October 16, 2018, the Defendant publicly announced that the instant project was completed in accordance with Article 23 of the former Cadastral Resurvey Act, and accordingly, the area of the instant land indicated on the land cadastre was changed to 536.7 square meters, and the registration was completed by changing the area into 351.5 square meters on the ground of “the completion of the cadastral resurvey” as to the registration title of the instant land.

C. Adjustments to the plaintiff.

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