토지분할신청거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the fourth and nine pages of the judgment of the court of first instance are used as follows. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Meanwhile, Article 25(1) of the Spatial Data Management Act provides that a cadastral surveyor entrusted with a cadastral survey shall undergo an inspection of the survey result from the competent cadastral authority. Article 28(2)3 of the Enforcement Rule of the Cadastral Survey as delegated by Article 25(2) of the same Act provides that “Where the competent cadastral authority recognizes that the survey result is accurate, it shall also be issued to the cadastral surveyor.” Article 57(1) of the Building Act, Article 80 of the Enforcement Decree of the same Act, and Article 29 of the Seoul Special Metropolitan City Ordinance on Building provides that a site where a building located in a commercial area is located shall not be excessively divided into 150 square meters. Article 56(1)4 of the National Land Planning and Utilization Act, Article 51(1)5(b) of the Enforcement Decree of the Building Act provides that a cadastral surveyor entrusted with a cadastral survey shall be subject to the inspection by the competent cadastral authority, and that a cadastral authority shall obtain permission for partition of land below the size of partitioned land under Article 57(1) of the Building Act.