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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff against the Defendant on May 11, 2010, as Daegu District Court 2010Guhap1646, the Daegu District Court rendered a decision on the alteration of the C Park Planning as of December 4, 2008 by the Defendant, and pursuant to the notification of the topographic Map (No. 2,800 m2,80 m2 and D forest land owned by the Plaintiff, and 33,087 m2 and 33,087 m2 (hereinafter “each land of this case”).
(C) On December 4, 2008, the Defendant filed a lawsuit seeking the revocation of the disposition of incorporation into a park area, which was made by the Gyeongbuk-do Notice B (C Park Planning Revision Decision and Topographical Map Notice) on each land listed in the separate sheet, by asserting that each part of the land listed in the separate sheet was incorporated into a park area.
B. On December 22, 2010, the above court rendered a judgment (the first instance judgment) dismissing the Plaintiff’s lawsuit on the ground that the Plaintiff’s lawsuit is unlawful since it was based on the premise that the Plaintiff’s lawsuit does not exist, since each land indicated in the attached list was included in the park area as the designation and public notice of the Cpark zone as of May 13, 1980, and it was not incorporated into the park area only by the above public notice as of December 4, 2008.
C. On January 3, 2011, the Plaintiff appealed as Daegu High Court Decision 2011Nu175 on January 3, 201, but the said court rendered a judgment dismissing the Plaintiff’s appeal on the same ground as the first instance judgment on August 19, 2011 (the subject judgment for review).
On September 1, 2011, the Plaintiff appealed against the above appellate judgment and filed an appeal again by the Supreme Court Decision 2011Du21683, but the said appellate court rendered a judgment dismissing the appeal to be dismissed on December 22, 201, and the said judgment became final and conclusive on December 26, 2011.
E. On the other hand, on August 11, 1998, the Plaintiff filed a lawsuit seeking revocation of the change of park area with the Daegu District Court 98Gu422 against the Defendant, but was sentenced to a ruling of dismissal from the above court on December 16, 1999.
In addition, the plaintiff is the defendant on April 25, 2006.