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(영문) 서울행정법원 2015.07.10 2015구합4556

토지분할처분및지목변경처분무효확인

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1. Of the instant lawsuits, the Defendant’s each land division disposition on December 13, 2002 and the confirmation of invalidity of each land category change disposition on December 13, 2002.

Reasons

Details of the disposition

Korean Civil Aviation Co., Ltd. (hereinafter “Korea Civil Aviation”) owned each land in Mapo-gu Seoul Metropolitan Government B, C, D, and E, but on May 4, 2002, filed an application for the annexation of the said four parcels of land with the Defendant, and the Defendant for the same month.

6. The above four parcels of land were merged.

The land that was combined as above was the B 3,791 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as "land before subdivision"), which is attached thereto.

2. It is the land that is set out in the real estate list.

The Korean Civil Aviation Act, May 16, 2002, attached to the Defendant, with respect to the land before subdivision.

2. A request was made to divide the land of 1 to 11 parcels in the list of real estate.

On the following day, the defendant divided the land prior to partition in accordance with the purport of the application for Korean Civil Aviation Act.

(hereinafter “instant subdivision 1”). On the other hand, Korea Civil Aviation is attached to the Seoul Mapo-gu Seoul Metropolitan Government F. 512 square meters among the land divided as above.

2. Land No. 1 entered in the real estate list; hereinafter “instant land”).

On May 16, 2002, the Defendant filed an application for the change of its land category to “road” on May 16, 2002, and the Defendant changed the land category of the above land to the road upon the application of the Korean Civil Aviation (hereinafter the above land category change to the road (hereinafter the above land category change to the second land category).

3) On May 29, 2002, the Korean Civil Aviation (hereinafter “Plaintiff”) issued an order to “K” after G on May 29, 2002, but integrated into “G” for convenience and entered the ownership transfer registration for the instant land on the grounds of the sales contract executed on May 1, 2002, and the Plaintiff (designated parties; hereinafter “Plaintiff”).

(2) On March 23, 2015, H and Selected completed the registration of ownership transfer based on a compulsory sale by official auction with respect to each share of the instant land on March 23, 2015. Of the divided lands, multi-household houses were each constructed on the land on the remaining ten parcels except the instant land (total 10 Dong and December 2002). < Amended by Presidential Decree No. 17518, Dec. 23, 2015>

On the other hand, the defendant.