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(영문) 창원지방법원 2013.04.30 2012구합4331
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts subsequent to the basic facts can be acknowledged by the respective entries in Gap evidence 1, Gap evidence 4-1, 2, and Eul evidence 1 and the purport of the whole pleadings.

On March 23, 198, the Plaintiff is the owner who acquired 35,530 square meters of forest land B in Yongsan-gu, Changwon-si (hereinafter “instant forest land”).

B. On October 16, 2012, the Plaintiff filed a civil petition with the Defendant to the effect that the part of the instant forest (around 2,000 square meters) was packaged from the forest to the parking lot by using it as a concrete package for the residents’ parking lot, and that the use status of the said forest was changed from the forest to the parking lot, thereby complying with the procedures for land alteration (division and land category change) under Articles 86 and 87 of the Act on Land Survey, Waterway Survey and Cadastral Records.

C. On October 26, 2012, the Defendant received the above civil petition and transferred it to Msan Membership, which is the competent cadastral authority, and on October 26, 2012, the Sungdong head, which is the subordinate agency of Msan Member, packed part of the forest land of this case to the Plaintiff with concrete packaging it was limited to the Plaintiff’s convenience and environment improvement center, and it is not an urban development project under Article 86 of the same Act, and thus, the Plaintiff’s above application is not subject to the application of the same Article.

2. The parties' assertion

A. Plaintiff 1) Since the Defendant’s use of part of the instant forest as a sports facility, parking lot, or road was changed from forest land to a sports facility, parking lot, road, etc., the Defendant is obligated to file an application with the competent cadastral authority for land alteration (division and land category change) according to the current status of use of the instant forest, as an implementer of an urban development project, etc., prescribed in Articles 86 and 87 of the Act on Land Survey, Waterway Survey and Cadastral Records, which is the implementer of an urban development project, etc., as prescribed by the competent cadastral authority.

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