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(영문) 부산지방법원 2019.12.19 2019구합23112
조정금 부과처분
Text

1. Of the instant lawsuit, the part concerning the primary and conjunctive claims pertaining to the disposition imposing the amount of liquidation on May 31, 2019 shall be dismissed.

2.

Reasons

Details of the disposition

The Plaintiff is the owner of the Dong-gu Busan Metropolitan City C large 142 square meters (hereinafter referred to as “instant land”).

On November 2, 2016, the Mayor of Busan Metropolitan City designated and publicly announced the area of 38,301.2 square meters, including the land in this case, as announced D in Busan Metropolitan City, Dong-gu, Busan as a cadastral resurvey project district (B district).

The defendant, after the resolution of the Dong-gu Busan Metropolitan City Boundary Determination Committee, determined the boundaries as listed below, and on March 11, 2018, the above boundaries were determined.

On September 9, 142, 151, Plaintiff 142, Plaintiff 142, the Defendant requested a stock company F, etc. to conduct an appraisal for calculating the adjustment amount of the cadastral resurvey project in B district. On October 22, 2018, the Dongdong-gu Busan Metropolitan City cadastral resurvey Committee calculated the adjustment amount based on the arithmetic mean of the amounts appraised by the said appraisal corporations.

around October 2018, the Defendant notified the Plaintiff of the adjustment amount as indicated in the following table:

(2) On November 2, 2018, the Defendant notified the Plaintiff on November 2, 2018 that the instant adjustment amount should be paid within six months for the following reasons: (a) the price (won) adjusted per square meter for the increase or decrease of land category owners; (b) the amount adjusted to KRW 9.9,040,000, 39,996,000; (c) the Plaintiff paid the instant adjustment amount to the Plaintiff.

(hereinafter “instant disposition.” On December 21, 2018, the Plaintiff filed an objection to the instant adjustment amount with the Defendant pursuant to Article 21-2 of the Special Act on Cadastral Resurvey (hereinafter “Cadastral Act”). However, the Defendant notified the Plaintiff of the result of the decision to dismiss the objection to the adjustment amount on December 27, 2018 following deliberation and resolution by the Dodong-gu Busan Metropolitan City Cadastral Resurvey Committee.

[Grounds for recognition] Facts without dispute, Gap 1 through 5, Eul 8, Eul 1 through 10 (including those with a serial number; hereinafter the same shall apply)'s each statement, the whole purport of the pleading, the surrounding part of the lawsuit in this case concerning the disposition of imposition of the adjustment payment as of May 31, 2019, and the defendant's assertion as to whether the conjunctive claim is legitimate.

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