토지분할 반려처분 취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case, such as the acceptance of the judgment of the court of first instance, is as follows: (a) 3-4 of the judgment of the court of first instance, "the instant disposition is not unlawful" shall be deemed to be "the disposition of this case is lawful"; and (b) 2 of the judgment of the court of first instance shall include "the drawings" and "related Acts and subordinate statutes" of the judgment of the court of first instance, but 3-3 of the conclusion shall be the same as the excluded part, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s assertion 1) Article 57(2) of the Building Act (hereinafter “instant legal provision”) which is a core provision of the disposition in the instant case’s return disposition, is the core provision of the disposition.
(2) Article 57 (Restrictions on Partition of Building Sites) (2) The site on which a building is located may not be partitioned excessively in violation of the standards under Articles 44, 55, 56, 58, 60 and 61. The disposition of this case omitted. The disposition of this case in violation of Article 23 of the Administrative Procedures Act, which prescribes the duty to present the reasons for the disposition, and thus is unlawful, must be revoked. (2) The legal provision of this case, which prohibits land division in violation of the duty to present the reasons for the disposition, without any room for the administrative agency’s discretion, to be divided into a uniform, absolute, and exclusive area, violates the principle of excessive prohibition under Article 37(2) of the Constitution, thereby infringing on property rights, and prohibiting land-to-land ratio in violation of the principle of excessive prohibition under Article 37(2) of the Constitution, and thus, it is unconstitutional as it equally treats
The rejection of this case on the premise that the legal provision of this case, which is unconstitutional, is applied, shall be revoked.
B. Article 23(1) of the Administrative Procedures Act regarding the assertion of violation of the duty to present reasons for the determination 1 disposition provides that an administrative agency falls under any of the following cases when rendering a disposition: