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(영문) 대구지방법원 2020.12.10 2020구합673
기타(조세 이외의 각종 부과처분)
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. The Plaintiff is the owner of the D land in the project district (hereinafter “instant land”) of the Da cadastral resurvey project (hereinafter “instant cadastral resurvey project”) promoted in the Gyeongbuk-gun B in accordance with the former Special Act on Cadastral Resurvey (amended by Act No. 16812, Dec. 10, 2019; hereinafter “former Cadastral Resurvey”). The Defendant is the project implementer of the said project.

B. On October 21, 2019, the Defendant issued a cadastral resurvey with respect to the land within the instant project district, including the instant land, and notified the Plaintiff of the land boundary determination that “the instant land area has increased from 454 square meters to 45.4 square meters.” On December 26, 2019, the Defendant closed the existing cadastral record after completing the instant project, and completed the preparation, implementation, and entrustment of registration of a new cadastral record.

C. On February 18, 2020, 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 increases a total of 45.4 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 6,719,200.

(hereinafter “instant disposition”) D.

On April 13, 2020, the plaintiff filed a second appraisal on the 24th of the same month, and notified the plaintiff on May 12, 2020 of the result of the objection that "no change in the amount of liquidation exists."

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), Eul Nos. 1, 3, 7, 11 through 19, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Article 18(1) of the Administrative Litigation Act provides that a revocation lawsuit may be brought without going through a statutory provision where an administrative appeal may be filed against the pertinent disposition.

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