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(영문) 대전고등법원 2019.05.30 2019누10106
지목변경신청 처리불가처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s ground of appeal citing the judgment of the court of first instance is not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate even if the evidence submitted in this case and the Plaintiff’s allegations are

Therefore, the reasoning of the judgment of the court of first instance is partially dismissed as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the judgment of the court of first instance is added to the matters alleged by the plaintiff in the trial under paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

In the second sentence of the first instance judgment, the phrase “as of October 23, 2017” in the first sentence shall be deleted, and “as of October 19, 2017” shall be added to “as of October 23, 2017.”

2. Additional matters to be determined;

A. According to Articles 3(1)3 and 9(2) of the former Farmland Preservation and Utilization Act (amended by Act No. 2837, Dec. 31, 1975; hereinafter “former Farmland Preservation Act”), the purport of the Plaintiff’s assertion is to allow the land falling under the land category of a farmer’s house and its appurtenant facilities to be changed to that of a non-farmland without any separate permission for farmland diversion.

Since the land in this case was used as farmland in C before the enforcement of the former Farmland Preservation Act prior to the subdivision, it is naturally deemed that land category conversion was made or permission for farmland conversion was obtained according to the enforcement of the former Farmland Preservation Act, and thus, it constitutes land for which regulation related to land category change is not imposed.

In addition, Article 84 (2) of the Enforcement Rule of the Spatial Data Establishment, Management, etc. Act ("Spatial Data Management Act") does not require any regulation related to land category change at the time of application for land category change, land category change, etc. is completed or land or buildings are used in accordance with the relevant statutes.

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