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(영문) 수원지방법원 2018.12.20 2018구합62196

농지전용허가 취소청구

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 28, 1994, C obtained permission to divert farmland from the Defendant (hereinafter “the first permission to divert farmland”) for the purpose of creating a site for an electric housing complex (hereinafter “the first permission to divert farmland”) with respect to the parcel number of 5,903 square meters prior to the Gyeonggi-do Yang-gun B, Gyeonggi-do (hereinafter “instant land”). In indicating the parcel number to specify the land, C obtained permission to divert farmland from the Defendant for the purpose of creating a site for the electric housing complex.

(b) C shall not be less than 194:

After the division, G, F land was installed at the location where each point of Annex 2, Annex 5, 4, c, 2, 1, E, and G land was connected in order to each point of Annex 2, Annex 2, Annex 3, 3, 2, 2, 1, and Section 1, Annex 70 meters in length, 1.5 meters in underground, and 4 meters in height above ground (hereinafter referred to as “instant retaining wall”) and provided as a fence in the said housing complex. After the division, G land was provided as a private road in an electric housing complex by packaging concrete.

C. On November 18, 2002, the Plaintiff purchased 132.5 percent of 4,419 square meters prior to D on November 18, 200 and completed the registration of ownership transfer on the same day.

Of the above land, the 1,774/4,419 shares, one of the shares in the land was divided into E, 1,774 square meters on January 22, 2003, and the Plaintiff shared one-half shares of the 2,645 square meters remaining after the division (hereinafter “Plaintiff”) as above.

On May 19, 2004, C, J, and K had owned the instant land at the time, obtained permission to divert farmland to the effect that the purpose of the first permission to divert farmland was changed into the creation of a house, warehouse, or an access road site.

On October 21, 2004, the instant land was divided into 335 square meters prior to L, 646 square meters prior to M, 662 square meters prior to N, 386 square meters prior to F, 336 square meters prior to M, 1079 square meters prior to G, 751 square meters prior to P, 51 square meters prior to Q, and 446 square meters prior to R.

E. After the division, C, J, K, S, T, U, and V, who are the owners of the instant land, aim to create the site for the instant land partitioned around May 31, 2005 by entering the housing and warehouse.

any change in the permission to divert the farmland stated in the paragraph.