지목변경신청 불허가처분 취소
The plaintiff (appointed party)'s claim is dismissed.
Litigation costs shall be borne by the plaintiff (appointed party).
1. Details of the disposition;
A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) are owners of each of the instant land, namely, the size of 2,437 square meters prior to Jeonju-si, C, the size of 1,613 square meters prior to C, the size of 99 square meters prior to D, and the size of 1,394 square meters prior to E (hereinafter “instant land”).
B. On April 3, 2019, the Plaintiffs filed an application with the Defendant for land category change (hereinafter “instant application”). However, on April 25, 2019, the Defendant rejected the said application on the ground that “the current status of the use of each of the instant land cannot be deemed as a site for factory facilities engaged in the manufacturing business pursuant to the Spatial Data Construction and Management Act (hereinafter “Spatial Data Management Act”), and that some of the instant land is used for another purpose as a factory (house, etc.).”
(hereinafter referred to as “instant disposition”). (c) The instant disposition
The Plaintiffs filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on the instant disposition, but dismissed on August 5, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since 1968, before the enforcement of the former Act on the Preservation and Utilization of Farmland, each of the instant lands claimed by the Plaintiffs was used as a factory site, and around 194 and around 1996, a factory registration certificate for each of the instant land was issued.
In around 1999, the operation of each of the lands of this case is internally suspended, but it is possible to operate a factory through substantial repairs at any time.
Therefore, each of the instant lands constitutes a case where the alteration of the form and quality of land is completed as a factory site pursuant to the relevant statutes, and the use of land is legally changed as a factory site
Nevertheless, the instant disposition rejecting the instant application is a disposition.