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(영문) 서울고등법원 2020.09.24 2020누34621

지목변경신청반려처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is as follows, with the exception of the addition of the judgment of the court of first instance as to the corresponding part of the judgment of the court of first instance, and the addition of the judgment as to the assertion newly raised by the plaintiff to the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

【Supplementary or additional part of the judgment of the court of first instance】 On the 7th day of the judgment of the court of first instance, the following shall be added.

Article 2 of the Addenda of the former Enforcement Decree of the Land Development Promotion Act (the defendant) provides that "the land in the administrative district of the Seoul Special Metropolitan City, Busan Metropolitan City, and the Si shall be treated in accordance with the previous regulations for the land for which the permission for the reclamation has been obtained or the application for the permission for the determination of the planned land for reclamation has been filed," while the land in this case shall be treated as the land located in the Gyeonggi-gun, which is located within the administrative district of the Seoul Special Metropolitan City, Busan Metropolitan City, and the Si, and thus, the amended provisions shall not be applied pursuant to Article 2 of the Addenda of the former Enforcement Decree of the Land Development Promotion Act, which is not a state-owned land within the administrative district of the Busan Special Metropolitan City, the Busan Metropolitan City, and the Si, and therefore, the land in this case shall not be filled in in the form of stairs as prescribed in Article 12-2

In relation to the land B on December 19, 1964, D was designated as a joint borrower in a farm purchase loan for clearing, and D acquired land B from the Republic of Korea on August 19, 1969 as seen earlier. According to the images in evidence No. 32-2 of the evidence No. 32-2, in the aerial photography shooting around 1966, it was the fact that a significant portion of the land in this case was cut or filled up and the shape of the forest was disappeared.