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(영문) 대구지방법원 2015.06.03 2015구합20710
조정금부과처분취소 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. On December 31, 2012, the Daegu Metropolitan City Mayor designated and publicly announced the cadastral resurvey project (hereinafter “instant project”), which is composed of the “B district in Suwon-gu, the project implementer: Defendant, and the location of the project” under Article 8(1) of the Special Act on Cadastral Resurvey (hereinafter “C”) (hereinafter “Seoul Metropolitan City Notice”).

B. On September 12, 2013, the Plaintiff completed the registration of transfer of ownership on the ground of sale on the 10th day of the same month with respect to the Daegu Suwon-gu E large 281 square meters (hereinafter “instant land”) and the ground buildings included in the instant project district.

C. On April 23, 2014, the Suwon-gu Boundary Determination Committee of the Daegu Metropolitan City deliberated and resolved on the boundary determination of 92 lots of land included in the instant project district pursuant to Article 31 of the Cadastral Resurvey Act (No. 5), 42 lots of land whose size has increased, 24 lots of land whose size has decreased, and 26 lots of land whose size has decreased, and 26 lots of land without any change. The instant land area was determined as 28.7 square meters, and increased 7.7 square meters of land before.

Accordingly, the defendant notified the plaintiff of the above boundary determination on the same day pursuant to Article 16 (6) of the Cadastral Resurvey Act.

(A) No. 1, d.

In accordance with Article 13 of the Cadastral Resurvey Act, the Cadastral Resurvey Committee of Daegu Metropolitan City deliberated and resolved on September 3, 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 3,580,500 (=7.7m2 x 465,000) based on the officially assessed individual land price.

(No. 7) e.

Accordingly, on September 4, 2014, the Defendant notified the Plaintiff that the adjustment amount for the instant land was calculated as above pursuant to Article 21(2) of the Cadastral Resurvey Act (Evidence 2) and on September 22, 2014, KRW 3,580,500 to the Plaintiff pursuant to Article 21(3) of the Cadastral Resurvey Act.

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