개발제한구역 내 행위허가 불가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff owned a 557 square meters of land for the Republic of Korea (hereinafter “Cdong”) and a 42.14 square meters of land for the Republic of Korea (hereinafter “the instant livestock shed”) located within a development-restricted zone and a 622 square meters of land adjacent thereto.
B. As urban planning facility business (hereinafter “the instant business”) was implemented, 422 square meters in the D farm site and 270 square meters in the instant housing site among the instant livestock pens, the Defendant, a project executor, was divided into 135 square meters in the D farm site and 422 square meters in the E farm site on February 15, 2003.
Accordingly, 44.76 square meters among the livestock pens of this case were located on the ground of D land, and the remaining 270 square meters were located on the ground of E.
C. On September 23, 2003, the Gyeonggi-do Regional Land Expropriation Committee rendered a ruling to expropriate the area of 422 square meters for E farm land and 270 square meters on its ground among the livestock pens in this case, with the date of expropriation commencement as of October 31, 2003.
According to the plaintiff's objection, the Central Land Tribunal made a decision to purchase the remaining 44.76 square meters of the remaining buildings, which were excluded from the decision of expropriation on May 18, 2004, and to increase the compensation for the land and livestock pens being expropriated.
On June 24, 2004, the Defendant deposited compensation and changed the indication on the registry of the livestock shed of this case into 44.76 square meters on the D ground on the ground that the land portion on the E-ground was destroyed among the livestock shed of this case on June 24, 2004, and completed the registration of ownership transfer as to the E livestock shed and the E livestock shed.
E. On December 4, 2015, the Plaintiff filed an application with the Defendant for changing the form and quality of land to create a stable with respect to the same 422 square meters of land size as that of the E land expropriated as a site for the instant project among the land B, but the Defendant filed an application for changing the form and quality of land to create a stable. However, on December 11, 2015, the Enforcement Decree of the Act on Special Measures for Designation and Management
For the purposes of this item.