토지이동(지목변경)신청 거부처분 취소
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 for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance except for the additional statement of “determination of the Plaintiff’s assertion of the trial” under paragraph (2) below. As such, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the Plaintiff’s assertion of the trial
A. The Plaintiff’s assertion F obtained a construction permit from the competent authority on April 25, 1974 and obtained approval for use on May 14, 1975 after the construction of the previous land (hereinafter “the instant housing”). As such, the previous land in this case shall be deemed to be a case where the form and quality of the land, which is the requirement for land category change, is changed from “finite to “finite.” The Plaintiff’s failure to submit data necessary for applying for land category change, such as permission for farmland conversion, is a case where the competent authority constructed the instant housing on “G land,” which is not the previous land, and did not properly manage the instant housing, such as erroneous permission for land category change. Thus, the Defendant’s disposition was unlawful on the ground that the Defendant did not submit data necessary for applying for land category change, such as permission for farmland conversion.
B. In full view of the following circumstances, the instant disposition is lawful, inasmuch as Gap evidence 2-1, Gap evidence 5-1, Eul evidence 3-1, Eul evidence 1-1, and the purport of the whole arguments and arguments as follows. Thus, the plaintiff's assertion is without merit.
1) The Act on Land Survey, Waterway Survey and Cadastral Records (hereinafter “Cadastral”)
Article 58 subparagraph 8 of the Enforcement Decree provides that the land category among the permanent buildings shall be the housing, office, and store, and cultural facilities, such as museums, theaters, art galleries, and art galleries, and the site for the garden and attached facilities connected thereto, and the land on which the Housing Site Construction Works is completed under the relevant statutes, such as the National Land Planning Act. Therefore, land category change under