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(영문) 수원지방법원 2019.05.02 2018구합70562

지목변경신청반려처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 1, 2014, the Plaintiffs are owners who completed the registration of ownership transfer based on sale on August 20, 2014, with respect to each of one-half shares of forest land of this case.

B. On May 30, 2018, the Plaintiffs filed an illegal mountainous district report (hereinafter “instant report”) with the Defendant to change the land category of the instant application land to “former” as the actual usage.

C. On July 9, 2018, the Defendant: (a) notified the Plaintiff that “The instant forest may be subject to a disposition of land category change only for the land which has been continuously used as farmland from before the designation of the development restriction zone pursuant to the guidelines for the management of the relevant department as the development restriction zone (hereinafter “instant guidelines”); (b) however, as a result of the review, the instant application for land category change cannot be accepted on the ground that “the instant land would be damaged after the designation of the development restriction zone and would be used as farmland.” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The illegality of the instant disposition

A. In a case where a report on illegal mountainous district is filed on land designated as a development restriction zone, it is unlawful to refuse to accept the report of this case in accordance with the guidelines of this case, even though there are no statutory grounds that it would be possible to accept the report of illegal mountainous district to be changed before the designation as a development restriction zone.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination is based on the former Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016; hereinafter “former Management of Mountainous Districts Act”) that provides for temporary special cases concerning illegal mountainous districts.

Article 3 of the Addenda provides that a person who has used or managed a mountainous district for the purpose of electricity, paddy field, or orchard continuously for at least three years as of January 21, 2016 without following lawful procedures at the time of the enforcement of the Gu Mountainous Districts Management Act.

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