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(영문) 수원지방법원 2020.08.20 2019구합72923
반려처분 취소의 소
Text

On July 16, 2019 and July 17, 2019, the Defendant applied for the change of development activities against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, B, C, D, E, and F (hereinafter “Plaintiff et al.”) shared each of the above land in order to newly construct a detached house on the ground of G forest and H forest in Gwangju City (hereinafter “Irily located land”) when titleing the land of G forest and H forest in Gwangju City.

B. On July 5, 2012, the Plaintiff and B obtained permission from the Defendant for the creation of a detached house site with respect to the land of 350 square meters among G forest land, and, on August 10, 2012, with respect to the land of 1,668 square meters among forest land as of August 10, 2012, each permission for the development of a detached house and road site (hereinafter “instant permission for development”).

P forest land N in K-Road LL site G, land category J after partitioning the lot number before partitioning and after partitioning the land category after partitioning;

C. Thereafter, H Forest was merged into G Forest on October 2, 2013, and after the merger, G Forest was changed to J. Since then, J Forest was divided into seven parcels as follows on March 19, 2014.

The Plaintiff and B obtained permission from the Defendant to change development activities for the purpose of creating a site for each single house (hereinafter “instant permission to change”) with respect to ① 1,348 square meters among P forest land on February 13, 2015, and ② 298 square meters among the same forest land on March 9, 2015.

E. On May 22, 2015, Plaintiff et al. and five others agreed on the division of co-owned property with the following contents as to each co-owned property.

J K L L N P P P R QD F E C B

F. On June 3, 2015, the Plaintiff obtained from the Defendant the permission to change development activities aimed at building sites for individual houses into an access road for individual houses (hereinafter “the permission to change the title of the instant case”) with respect to 598 square meters of P forest land (which was registered before the partition is registered in accordance with the agreement on partition; hereinafter “P forest before the partition”); and ② on June 4, 2015, with respect to 298 square meters of forest land among the same forest land, the Plaintiff obtained the permission to change development activities aimed at building sites for individual houses

G. On July 7, 2015, the foregoing J’s land and six parcels outside of the said J’s land were registered as a divided ownership on the grounds of the agreement on partition, and the forests and fields subject to P before partition are P and Q.

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