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(영문) 수원지방법원 2019.07.25 2019구합62469
토지지목변경신청거부처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Details of the disposition

A. The Plaintiffs shared 1/2 shares of C Forest land 4,525 square meters (hereinafter “instant land”) in light of the name of light.

B. On May 26, 2010, the instant land was designated and publicly announced as a Bogeumjari Housing Zone as publicly announced by the Ministry of Land, Transport and Maritime Affairs, and was included in a development restriction zone before the designation of a housing zone.

On April 30, 2015, E public housing zone was cancelled as F notified by the Ministry of Land, Transport and Maritime Affairs, but the land in this case was included in the special management area under Article 6-2 of the Special Act on Public Housing designated and publicly notified as G in the same day.

C. On May 30, 2018, the Plaintiffs reported an illegal mountainous district under Article 3 of the Addenda to the former Management of Mountainous Districts Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter the same) to change the land category of the instant land to “former”.

On June 4, 2018, the Defendant rendered a disposition not accepting the Plaintiffs’ report on the ground that “The instant land is not, in principle, a change of land category under the Special Act on Special Cases Concerning Special Cases Concerning Illegal Mountainous Districts in a Special Management Area under Article 6-2(1) of the Special Act on Public Housing,” and that “the instant land is not subject to a change of land category under the Special Act on Special Cases Concerning Special Cases Concerning Illegal Mountainous Districts before the designation of a development restriction zone, and the Plaintiffs failed to meet the requirements necessary for changing

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Gap No. 4-1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiffs asserted that they used the instant land as “former” for at least three years as of January 21, 2016, and met all the requirements necessary to change the category of illegal exclusive mountainous district under Article 3 of the Addenda to the Management of Mountainous Districts Act.

Nevertheless, the Defendant’s disposition of this case which did not accept the Plaintiffs’ report is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

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