logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.08.13 2020구합82
토지분할불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The farmland of 3,010 square meters in the counter B of Changwon-si, Changwon-si (hereinafter “the farmland of this case”) is farmland for which the agricultural infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act has been implemented.

The Plaintiff and C shared the farmland of this case.

B. The Plaintiff filed a lawsuit for partition of co-owned property as the Changwon District Court 2017Kadan10161 against C.

On September 28, 2017, the first instance court rendered a judgment that “the part 1,522 square meters in the annexed drawing indication of the farmland in this case shall be owned by the Plaintiff, and the part 1,488 square meters in this case shall be divided into C and owned by the Plaintiff.”

(Judgment without Oral Proceedings). The judgment became final and conclusive as the time limit for appeal.

The above notification of non-permission for development activities provides that the area of each parcel after subdivision shall exceed 2,00 square meters as farmland for which an agricultural infrastructure improvement project in a production management area has been completed pursuant to Article 22 (2) 3 of the Farmland Act, and there is no permission for subdivision. In addition, even if a final and conclusive judgment such as a judgment on partition of co-owned property is submitted, a rejection disposition may be issued taking into account the criteria for permission for development activities provided in the National Land Planning and Utilization Act, and such disposition does not go against the validity of the judgment on partition of co-owned property pursuant to the Supreme Court precedents (Supreme Court Decision 2013Du1621 Decided July 11, 2013).

C. On April 5, 2018, C filed an application with the Defendant for permission to engage in development activities for land division in accordance with the above judgment regarding the farmland in this case.

On April 12, 2018, the defendant issued a non-permission disposition on the grounds of violation of Article 22(2) of the Farmland Act as follows.

C filed an administrative appeal seeking the revocation of non-permission disposition on July 16, 2019, but the claim was dismissed after the period for filing an administrative appeal expires.

On November 18, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities for land division in accordance with the above judgment regarding the farmland in this case.

The defendant is above C on November 18, 2019.

(b) such as paragraph (3).

arrow