토지분할불허가처분취소
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.
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 for the modification or addition of a part of the judgment of the court of first instance as follows. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
The second part of the 2nd part shall be replaced by “the reasons for the ruling” as “the reasons for the disposition”.
The second part of the "land" in the second part shall add "E was owned" to the following:
Part 4. The following shall be added to the next activity of Part 16:
C) The Plaintiff asserts to the effect that the instant guideline is aimed at preventing speculation, which is a land developed, after purchasing a land, the planning real estate is unable to be developed at a low price and dividing it into a Baduk-type, and selling it to the high-value, which is a developed land. In light of the fact that the ownership period of 1/2 shares out of the Plaintiff’s instant land, including the decedent, exceeds the planning real estate, the Plaintiff does not constitute a subject to the instant
However, Article 58 (3) of the National Land Planning and Utilization Act and Article 56 (1) [Attachment 1-2] of the Enforcement Decree of the same Act merely on the ground of the plaintiff's above assertion
2. D.
(1) Since the provisions of (D) and Article 24 (2) of the Ordinance on Urban Planning in Young-si, and Article 5 of the instant Guidelines cannot be deemed as satisfying the criteria for permission for development activities, the Plaintiff’s assertion on this part is without merit.
The “permission” in the first instance judgment of the first instance court is changed to the “authorization Permit.” The following is added to the 5th sentence following the 8th sentence. 【The National Land Planning and Utilization Act regulates land division as development activities. The purpose of regulating land division is to prevent land use from being developed indisrushly and to achieve the purpose of promoting public welfare by rationally managing and efficiently managing land use. As such, the person entitled to permission for development activities is likely to interfere with the rational use of the relevant land subject to application for permission for subdivision and the promotion of public welfare.