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(영문) 부산지방법원 2020.10.08 2019구합23969
조정금 부과처분 취소
Text

1. The conciliation amount for the cadastral resurvey project against the Plaintiff on December 4, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of B (hereinafter “instant land”) in the project district of “D District cadastral resurvey project (hereinafter “D District cadastral resurvey project”) implemented in Busan Jung-gu Seoul Central District in accordance with the Special Act on Cadastral Resurvey, and the Defendant is the implementer of the said project.

B. Pursuant to the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”), the Busan Jung-gu Busan Central District District was designated and publicly announced as a project district for the cadastral resurvey project (hereinafter “instant project”) with respect to the land (240 parcel, 34,632 square meters) located in the Jung-gu Busan Central District as a project district for the cadastral resurvey project (hereinafter “instant project”).

C. On June 28, 2017, the Defendant conducted a cadastral resurvey with respect to the land within the instant project district, including the Plaintiff’s owner B (hereinafter “instant land”). On June 28, 2017, the Defendant notified the Plaintiff of a cadastral confirmation statement that the instant land area increased from 446.3 square meters to 467.4 square meters.

D. On July 28, 2017, the Defendant notified the Plaintiff of the matters of land boundary determination, such as the content of the pertinent cadastral confirmation protocol, and closed the existing cadastral record on August 24, 2018, and completed the preparation, implementation, and entrustment of registration of a new cadastral record.

E. On December 4, 2018, the Defendant calculated the adjustment amount for an increase in the area based on the appraisal business entity’s appraisal value, on the ground that the area of the instant land in the cadastral record increased by 21.1 square meters due to the determination of land boundary according to the instant project, and notified the Plaintiff of the payment of the adjustment amount of KRW 341,334,70.

F. The Plaintiff filed an objection against the Defendant on January 28, 2019, and the Defendant reduced the amount of mediation to KRW 318,008,650 on June 21, 2019.

(hereinafter referred to as “instant disposition” in the disposition of imposition of adjustment payments by the Defendant on December 4, 2018. [The grounds for recognition] contain the fact that there is no dispute, and the number of evidence Nos. 1 through 8 is included.

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