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(영문) 수원고등법원 2020.07.15 2020누10841
이행강제금부과처분취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. The reasons for the acceptance by the court of first instance are as follows: (a) the part of the first instance judgment from No. 4 to No. 16 of the first instance judgment (the part concerning “no data exists,” excluding the part concerning “the instant case”) is as indicated in the reasoning of the first instance judgment; (b) thus, it is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, as it is. In addition to the purport of the entire pleadings in the entries and videos of No. 6, No. 7, and No. 11 of the Act, the land of this case is classified as “forest” and its category has been preserved well over most of its area, but at the time of the instant disposition, it can be known that the land of this case is being used as a farmer for cultivating vegetables, etc., and according to this, there is no evidence to acknowledge that the Plaintiffs had obtained permission for changing the form and quality of the farmland in the farmland ledger and there was no evidence to acknowledge that there was no change in the form and quality of the land.

In addition, on July 25, 2019, the lower court rendered a judgment against the Plaintiffs on the ground that “the instant land becomes subject to corrective orders, such as restoration to its original state, pursuant to Article 6-5(1) of the Special Act on Public Housing, because the form and quality of the instant land has changed unlawfully on or around July 25, 2019,” even in the lawsuit seeking revocation of the Plaintiffs’ rejection disposition against the Plaintiffs’ application for land category change (U.S. District Court 2019Guhap62469)

[.] ".."

2. The judgment of the first instance is justifiable, and all of the plaintiffs' appeals are dismissed.

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