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(영문) 제주지방법원 2019.05.01 2018구합5264
지목변경반려처분취소 또는 무효확인
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. On May 26, 1989, the Plaintiff completed the registration of ownership transfer with respect to B, B, 621 square meters (hereinafter “pre-mergered land”) prior to the Jeju-si, and completed each registration of ownership transfer with respect to the land located in the same Dong, and thereafter, the Plaintiff completed each registration of ownership transfer with respect to the land adjacent to the land prior to the merger, 45 square meters prior to D, 439 square meters prior to D, and 565 square meters prior to E.

B. Following the merger on October 31, 2007, the land prior to the merger was combined with C, 45 square meters prior to D, 439 square meters prior to D, and 565 square meters prior to E, and B B, and the Plaintiff was granted a construction permit to newly construct a 1st floor and 84.24 square meters of the building area among the land after the merger on July 11, 2008, with the construction permit having been obtained on August 8, 2008, for the purpose of constructing a warehouse of 509.93 square meters of the land.

C. On May 2, 2017, the Plaintiff filed an application with the Defendant on May 2, 2017, for the change of land category from the previous to the miscellaneous land with respect to the part of 509.93 square meters of the area for which a building permit was granted,

On May 4, 2017, the Defendant: (a) stated in the Plaintiff on May 4, 2017, “The land after the merger is completed as warehouse facilities on the building register, and “the site for the storage facilities independently installed to keep or store goods, etc., and the site for the attached facilities connected thereto” means the site for the miscellaneous dry field, outside dry field, outside place, place for piling up stone, place for digging up soil, place for digging up soil, and land not belonging to other land categories among permanent buildings; (b) it is reasonable to change the category of land into a warehouse; and (c) it is possible to divide the permitted area (50.93 square meters) into a warehouse after dividing the area for land cadastre and the permitted area into a warehouse.”

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