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(영문) 대전지방법원 2017.04.13 2016구합737
조정금 부과처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 10, 2013, the Do governor designated and publicly notified the cadastral resurvey project (hereinafter “instant project”) district as “the Defendant and the name of the district: 2,644 lots, size: 2,644 lots, size: 2,528,819 square meters, project cost: 40 million won,” pursuant to the Special Act on the Cadastral Resurvey (hereinafter “cadastral resurvey”).

B. On January 21, 2015, the Defendant, in accordance with the resolution of the Seosan City Boundary Determination Committee, issued a notice of the determination of boundary with the content that the area is increased to nine square meters by 384-22 square meters per annum per annum 384-22 religious land in Seosan-si, Seosan-si, Seosan-si, which is the ownership of the instant foundation (hereinafter “instant previous land”), as the land within the instant project district, to the Yannam-do, Chungcheongnamnam-do, the Foundation (hereinafter “instant Foundation”).

C. On October 15, 2015, the Seocho-si Cadastral Resurvey Committee deliberated and resolved on matters concerning calculation, etc. of the adjustment amount of land, the area of which has increased or decreased as the instant project. The adjustment amount for the previous land was calculated as KRW 2,071,000 based on the appraised value. Accordingly, the Defendant issued a notice of payment of KRW 2,071,000 to the instant foundation on November 10, 2015 (hereinafter “instant disposition”).

On March 3, 2016, the Foundation of this case raised an objection, but the Defendant rendered a notice of rejection of the objection, on the ground that the amount of adjustment initially notified by the Committee for Cadastral Resurvey of Seocho-si was appropriate.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 14, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is the result of the cadastral resurvey although the boundary was not changed before and after the project of this case.

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