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(영문) 대전지방법원 2017.10.19 2017구합819
지적재조사조정금이의신청토지금액결정통지취소 등
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. On July 22, 2016, the Defendant issued a notice of payment of KRW 28,454,000 per square meter on the ground that the land located within the said project district, based on the cadastral resurvey project on the district designated and publicly notified by the Daejeon Metropolitan City Mayor, which was owned by the Plaintiff, has increased to 251 square meter B, which is owned by the Plaintiff, to 30.4 square meters per square meter, on the ground that the area was 30.4 square meter B, which is owned by the Plaintiff.

B. On December 1, 2016, the Plaintiff raised an objection, and the Defendant issued a notice of payment of KRW 27,937,600 on the basis of partial reduction of KRW 919,00 per square meter.

(hereinafter referred to as “instant disposition”) impose adjustment payments reduced and remaining among the initial dispositions; (c)

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Daejeon Metropolitan City Administrative Appeals Commission, but was dismissed on March 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s gist of the Plaintiff’s assertion argues to the effect that “The Plaintiff was compensated for an amount calculated as KRW 198,750 per square meter when the land was expropriated at the time of Daejeon Seo-gu Daejeon in 2001.” As such, only KRW 6,042,00 calculated by such method may be recognized as the adjustment amount, and the adjustment amount unilaterally calculated by the Defendant shall not be accepted.”

B. Determination 1) Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”)

In addition, it was enacted September 16, 201 in order to efficiently manage the national land and protect the people's property rights by investigating and surveying the registered matters in the cadastral record and converting the cadastral record into a new cadastral record by digital means, and by preparing the basis and procedure regulations for implementing a cadastral resurvey project to correct the registered matters in the cadastral record that do not coincide with the actual status of the land.

Paper cadastral records are digitalized.

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