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(영문) 춘천지방법원 2013.06.14 2012구합1622
개발행위(토지분할)허가신청불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

A. However, it is reasonable to deem that there is a dispute in the interpretation between the applicant and the permitted person, and that it may be inferred by comprehensively taking into account the relationship between the parties, the developments and timing of acquiring the land, the surrounding circumstances, and the objective circumstances before and after the application for partition.

The following facts are acknowledged according to the purport of the entire pleadings in the statement Nos. 1 and 2 (including the relevant number):

Around March 2010, the Defendant: (a) received an application to permit the division of two adjacent forest lots, including the instant land, into 12 lots; (b) on March 23, 2010, the Defendant permitted the division of land on a part of the instant land; (c) but, on the instant land, the Defendant refused to grant the division permission on the same ground as the instant disposition.

(The details are as follows). After the division before and after the division before the division, the land in the form of the road was divided into the land in this case as AH, AH Q, AR, ATR, and AH land of 15,30 m2,30 m2,570 m2,573 m2,253 m2,253 m253 m2, AP forest of 542 m2,253 m2,000 AP forest of 1,138 m253 m2,000 m2,0000 m26 m26 of AJ forest of 31,000 m2,0000 m2,000 m252 m2, at the time of the division after the division before and after the division.

The land of this case is at least 660 square meters for each area, and the average slope level exceeds 25 degrees.

㉣ 원고들은 모두 이 사건 토지의 공유자들로서 2009. 11. 말경부터 12.경까지 이 사건 토지의 각 지분을 매수하여 각 그 지분에 대한 소유권이전등기를 마쳤다.

In full view of various circumstances such as the time when plaintiffs acquired shares in the land of this case, the location and form of the land of this case, the situation before and after the division, and the surrounding situation, etc., the plaintiffs are deemed to have filed an application for partition of the land of this case for development activities such as construction of buildings, installation of structures, alteration of the form and quality of land, etc.

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