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(영문) 대구지방법원 2015.09.02 2015구합860
조정금부과처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The F.F. 175 square meters in Daegu-gun (hereinafter “instant land”) has been registered as a preservation of ownership in G name. G as a result of the death of G, the Plaintiffs, who were their successors, are the owners of the instant land.

B. On October 8, 2013, the Daegu Metropolitan City Mayor designated and publicly announced the cadastral resurvey project (hereinafter “instant project”) to be the H district, the project implementer, the Defendant, and the project location of which are 29,840 square meters of land in I, Japan, and I, as prescribed by Article 8(1) of the Special Act on Cadastral Resurvey (hereinafter “Cadastral”).

C. On July 25, 2014, the Daegu Metropolitan City Boundary Determination Committee deliberated and resolved on the boundary determination of 100 parcel of land included in the instant project district pursuant to Article 31 of the Cadastral Resurvey Act (Evidence B No. 4). The area of the instant land was determined as 279 square meters and increased by 104 square meters compared to the previous one.

On July 30, 2014, the defendant notified the plaintiffs of the above boundary decision in accordance with Article 16 (6) of the Cadastral Resurvey Act.

(No. 5) d.

On the other hand, on October 10, 2014, the Daegu Metropolitan City Mayor issued a public notice of the designation and alteration of the cadastral resurvey project district (Seoul Metropolitan City public notice K) with the content that the instant project district is changed from 99 lots to 100 lots, from 29,840 square meters to 29,545 square meters, to 29,545 square meters.

(No. 7) e.

In accordance with Article 13 of the Cadastral Resurvey Act, the Daegu Metropolitan City Cadastral Resurvey Committee deliberated and resolved on December 16, 2014 on the calculation of the adjustment amount of land, the area of which is increased or decreased by the project of this case.

The adjusted amount of the instant land was calculated as KRW 17,784,00 based on the officially assessed individual land price (=104 square meters x 171,000 won).

(B) No. 10 (No. 10) F. Accordingly, the Defendant’s payment of KRW 17,784,000 to the Plaintiffs pursuant to Article 21 of the Cadastral Resurvey Act on January 8, 2015.

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