토지이동(지목변경)신청반려처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On March 28, 2017, the Plaintiffs filed an application with the Defendant for land alteration (land category change) from “the answer” to “the land category change” (hereinafter “instant land”).
(hereinafter “instant application”). (b)
On April 10, 2017, the Defendant returned the instant application to the Plaintiffs on the ground that “A copy, etc. of the documents proving that construction was completed, such as changing the form and quality of land, as prescribed by the relevant statutes, was omitted at the time of application, but failed to submit it within the time limit.”
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap’s evidence 2, Eul’s evidence 1 and 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Defendant asserted that the instant land was included in the first stage execution plan or did not accept the Plaintiffs’ request for purchase until 15 years have passed since the instant land was designated as the urban planning road according to the Gun management plan of March 21, 2002.
In addition, since the building on both sides of the land of this case cannot be viewed as a farmer on the land of this case, the land of this case lost the function of “the answer” and its use was changed to the site.
Therefore, the defendant's disposition of this case made on a different premise is unlawful.
B. Relevant statutes state that the category of land shall be registered in the cadastral record by classifying the type of land according to the “use,” and Article 81 of the Spatial Data Act provides that “Any 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,” and Article 67 of the Enforcement Decree of the Spatial Data Act provides that “where an application for land category change is possible, the alteration of the form and quality of land, etc. is completed in accordance with the relevant statutes, such as the National Land Planning Act,” and “where the use of land or buildings is altered”