행위허가신청불허처분취소
The judgment of the first instance shall be revoked.
On March 7, 2019, the defendant's rejection disposition against the plaintiff is revoked.
1. The grounds for this part are the same as the corresponding part of the judgment of the court of first instance (from the second to the bottom of the same side). Thus, the grounds for this part are cited by the court pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is unlawful for the following reasons.
Since the application of this case aims to make the land category on the public register of the instant land coincide with the actual use situation, the provisions of the Natural Parks Act concerning restrictions on activities do not apply.
Since the instant land is currently used as a arable land even after it was previously reclaimed from forest land before 1948, it does not constitute an illegally changed land form and quality. As such, it is possible to change land category pursuant to Article 81 of the Spatial Data Construction and Management Act (hereinafter “Spatial Data Management Act”) and Article 67(1)2 of the Enforcement Decree of the same Act.
On June 18, 2018, the application of this case does not interfere with the preservation of surrounding landscape, and the defendant changed the category of D land into "the whole zone" in Gwangju City where the land, specific use district and area of this case are identical.
Considering such circumstances, the instant disposition was abused and abused discretion, such as contrary to the principle of equity.
(b) Entry in the attached Form of relevant statutes;
C. (A) Article 81 of the Spatial Data Management Act provides that “A landowner shall file an application for land category change with the competent cadastral authority within 60 days from the date on which the relevant ground arises, as prescribed by Presidential Decree, in cases where the land category is to be changed.” Article 67(1)2 of the Enforcement Decree of the Spatial Data Management Act provides that “where a landowner is entitled to file an application for land category change upon delegation from the authority, the use of the land or building is changed.”
B. On the other hand, the regulation of laws and regulations relating to the clearing of land whose land category is “forest” or changing its form and quality.