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(영문) 부산지방법원 2016.12.16 2016구합24039
조정금 부과처분의 취소청구
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 May 12, 198, the Plaintiff completed the registration of ownership transfer based on sale on May 11, 198, 198 with respect to B large 182 square meters (hereinafter “instant parcel number’s land”). On July 5, 2013, the Plaintiff combined the instant land with the Busan Northern-gu C large 44 square meters.

B. On October 23, 2013, the Mayor of Busan Metropolitan City designated and publicly announced the cadastral resurvey project (hereinafter “instant project”) with respect to E district of D Daywon in Busan Northern-gu (hereinafter “Cadastral”) in accordance with the Special Act on Cadastral Resurvey (hereinafter “Cadastral”).

C. The Defendant conducted a survey for cadastral resurvey and prepared a cadastral confirmation report on October 14, 2015, and notified the Plaintiff, who is a landowner within the instant project district. The area of the instant land was increased from the original area of 226 square meters to 237.8 square meters.

On December 18, 2015, Busan Metropolitan City Northern District Boundary Determination Committee deliberated and resolved on the boundary determination of 293 lots of land in the instant project district, including the instant land, and the Defendant sent the notice of boundary determination to the Plaintiff on December 29, 2015.

E. On June 24, 2016, the Busan Metropolitan City Committee for Cadastral Resurvey deliberated and resolved on matters concerning the calculation, etc. of the adjustment amount of land, the area of which has increased or decreased as the instant project. The adjustment amount with respect to the instant land was calculated as KRW 17,865,200 based on the appraised value (i.e., 11.8 square meters x 1,514,000 square meters).

F. On June 30, 2016, the Defendant issued a notice of payment of KRW 17,865,200 to the Plaintiff on June 30, 2016, based on the result of the deliberation, resolution, and determination of the amount of adjustment.

(g) On August 17, 2016, the Plaintiff filed an objection against the disposition of the said amount of liquidation, but the Defendant dismissed it on September 9, 2016.

[Ground of recognition] Facts without dispute, entry of evidence of Nos. 1 through 9, 14 through 20, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

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