logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.06.08 2017구합101279
조정금결정취소
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 December 1, 2016, the Defendant, based on the cadastral resurvey project on the district B designated and publicly notified by Daejeon Metropolitan City Mayor, conducted the cadastral resurvey on the land located within the said project district, which is owned by the Plaintiff (hereinafter “instant land”). As a result, the Defendant determined that the instant land area increased by 74.9 square meters when determining the boundary of the instant land.

B. The Cadastral Resurvey Committee calculated the adjusted amount of the above increased land area to KRW 719,00 per square meter, and the Defendant accordingly notified the Plaintiff of the prior imposition of the adjusted amount.

C. Accordingly, on December 1, 2016, the Plaintiff filed an objection against the imposition of the adjustment amount, and the Defendant conducted a re-appraisal and calculated the adjustment amount of the land area increased to the Plaintiff as KRW 708,000 per square meter, and issued a payment notice (hereinafter “instant disposition”) of the adjustment amount of KRW 53,029,200 (=74.9 square meter x 708,000 won).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 5 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In light of the fact that the area near the instant land is not entirely decreased, the actual increased area is different from the Defendant’s assertion. 2) Since the Plaintiff occupied more than the area in the public record for not less than 20 years and acquired prescription, it is unlawful to impose the adjustment amount on the Plaintiff.

3) Considering that the officially announced value of the instant land was 506,900 square meters per square meter, that the Plaintiff was several, and that there was an error in appraisal, such as the selection of reference land, etc., the instant adjusted amount of KRW 53,029,200 should be reduced. B. The same is as indicated in the relevant statutes. (C) Determination 1) based on the outcome of the instant court’s entrustment of appraisal of the Korea Land Information Corporation and the purport of the entire pleadings.

arrow