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(영문) 서울남부지방법원 2017.03.24 2016가합1626

비농지확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased each of the instant land in sequential order from November 20, 2004 to December 28, 2006. On December 29, 2004, the Plaintiff completed each of the instant registration of ownership as to the 169 square meters of Gangseo-gu Seoul Metropolitan Government E field on June 22, 2005 with respect to the 403 square meters of land and 104 square meters of D field on June 22, 2005. < Amended by Act No. 7864, Dec. 29, 2006>

B. G, a construction waste storage business under the trade name of “F”, operated a construction waste collection and transportation business on March 15, 2002, prior to the Plaintiff’s acquisition of ownership of each of the instant lands, with the permission from the head of Gangseo-gu Seoul Metropolitan Government for temporary use of farmland for other purposes and approval for the installation of a temporary construction waste storage place from March 10, 200 to January 10, 2005, for each of the instant lands.

C. Since January 5, 2005, the construction of the luki environment (hereinafter referred to as the "construction of luki environment") obtained approval from the head of Gangseo-gu Seoul Metropolitan Government for the extension of permission for the temporary use of farmland for other purposes and the installation of a construction waste storage place from January 11, 2005 to January 10, 2008, on condition that each of the instant lands is restored to farmland capable of agricultural management by April 10, 208, and conducted the collection and transportation business of construction waste using each of the instant lands as site, and even after the Plaintiff acquired ownership of each of the instant lands, he/she leased each of the instant lands from the Plaintiff and operated the same business.

In order to use each land of this case as a construction waste collection and storage place in a natural green belt located in the Gangseo-gu Seoul Metropolitan Government on December 21, 2007, the expiration date of permission for temporary use of farmland for other purposes is multi-party, the application for permission for development activities to change the form and quality of land and to store goods in accordance with Article 56(1)2 and 5 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).