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(영문) 대구지방법원 2019.04.03 2018구합23635
불법 개발행위(성토) 원상복구 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff owns B 598 square meters in response to permanent residence and C 1,163 square meters in total (hereinafter “instant land”).

B. On July 24, 2018, the Defendant ordered the Plaintiff to reinstate the instant land in accordance with Article 60(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on the ground that “the Plaintiff, without permission, changed the form and quality of the instant land without permission (the maximum height of the instant land filled up, 4.5m, 6,554m2, 1,761m2).”

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was originally planted with fruit trees, but the surrounding land was developed, making it impossible to properly drain the Plaintiff’s claim.

Accordingly, the Plaintiff changed the form and quality of the instant land for farming from March 2010 to May 201 of the same year. The National Land Planning Act and the Operational Guidelines for Permission for Development Activities, currently in force, did not stipulate the change of the form and quality of land for farming as the permission for development activities.

Nevertheless, the Defendant rendered the instant disposition by determining that the Plaintiff was engaged in development activities illegally on the basis of the National Land Planning and Utilization Act, etc. enforced thereafter.

Therefore, the instant disposition should be revoked as it is unlawful.

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

C. 1) According to the contents of relevant provisions and relevant legal principles (A) of the former National Land Planning Act (amended by Act No. 10599, Apr. 14, 201; hereinafter the same shall apply) and the Enforcement Decree of the same Act (amended by Presidential Decree No. 23718, Apr. 10, 2012; hereinafter the same shall apply), a person who intends to change the form and quality of land must obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si/Gun (hereinafter “permission for development acts”), but for farming.

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