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(영문) 광주고등법원 2018.04.26 2017누3518
조정금부과처분취소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On December 21, 2012, the Gwangju Metropolitan City Mayor designated and publicly announced a parcel of 519,160 square meters in Gwangju Metropolitan City, North-dong, 529 square meters as a cadastral resurvey project district, pursuant to Article 8 of the former Special Act on Cadastral Resurvey (Amended by Act No. 11690, Mar. 23, 2013) and Article 6 of the Enforcement Decree of the same Act.

B. The Plaintiff is an owner of a facility for older persons and older persons on the ground (see attached Form 1 cadastral map 1), 1,759.42 square meters of facilities for older persons and older persons on the ground (hereinafter referred to as “responding care center”), and on January 29, 2014 [Attachment 1] [Attachment 8 and 9] on the ground, and on June 4, 2015, newly constructed a 504.35 square meters of facilities for older persons and older persons on the ground (hereinafter referred to as “Korea-Japan Medical Care Center”).

(A) All land located in the same household shall be specified as a parcel number). [Attachment 1] [Attachment 1] 1,601 142 site lot number of 142 site lot number of 142 land lot number of the previous land, 601 142 site, July 28, 229, 28.7 2142-7 Before 142-7 142-7, 523.5-7 142-8, 205 142-8, 205 142-8, 142-9 142-9 142- 14342-9, 1510 142-142-10, 142-142-10, 142-142-10, 142-142-11, 142-14, 163-16, 2017

C. On May 29, 2015, after completing a cadastral resurvey according to the above project, the Defendant notified the Plaintiff of the cadastral confirmation protocol with the same content as the above [Attachment 1], and the increase or decrease thereof are the same as the above [Attachment 1].

(Attachment 2 cadastral map 2). (d)

On June 4, 2015, the Plaintiff obtained approval for the use of the mid-term stable from the Ulsan Medical Center, and filed an application for approval for use of agricultural infrastructure other than 41 square meters out of the 141-2 ditch with respect to the Korea Rural Community Corporation to install an access road by linking the farmland located in the 141-2 ditch owned by the Korea Rural Community Corporation (former 58-4,000) with the Plaintiff 144-11. The Plaintiff obtained such approval on June 5, 2015.

E. On June 8, 2015, the Plaintiff is about 41 square meters among the ditches between the Korea Rural Community Corporation and the Korea Rural Community Corporation.

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