1. The Defendant’s imposition of KRW 99,176,00 against the Plaintiff on February 18, 2019 exceeds KRW 96,40,640, among the disposition imposing the amount of KRW 99,176,00.

1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 3; and (c) Nos. 2-1 and 2; and (d) the purport of the entire pleadings.

On May 24, 2017, the head of Busan Metropolitan City was designated as a cadastral resurvey district in accordance with the Special Act on Cadastral Resurvey (hereinafter referred to as the "Cadastral Act").

B. The plaintiff is the owner of the Busan-gu land located in the above project district (hereinafter in this case) and the defendant is the executor of the above cadastral resurvey project.

C. The Defendant determined the boundary of the instant land according to the real boundary occupied by the Plaintiff, and the boundary of the instant land was determined as is, due to the Plaintiff’s failure to raise an objection, and as a result, the area of the instant land increased from the original 982 square meters to 36.8 square meters on the public cadastral book to 1018 square meters.

Accordingly, on February 18, 2019, the Defendant notified the Plaintiff of the payment of KRW 9,176,00 to the amount of the adjusted amount according to the increase in the area on the cadastral record of the instant land.

(2) Whether the disposition is lawful or not

A. The plaintiff asserts that the amount of the pertinent land increased according to the cadastral resurvey project of this case is unlawful to set up a comparative standard site D and E in the course of appraisal and assessment for calculating the adjustment amount even if the value of the land increases substantially, and thus, the disposition of this case is also unlawful.

In regard to this, the defendant set the boundary of the land of this case according to the real boundary actually possessed by the plaintiff pursuant to Article 14 (1) 1 of the Cadastral Resurvey Act, so it is not possible to specify the increased area compared with the previous cadastral map, and the adjusted amount as prescribed by the Cadastral Resurvey Act is to calculate the increased area for each land.