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(영문) 수원지방법원 2016.06.28 2015구합3301
지목변경신청불가처분취소
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. The Plaintiff owned a CJ 440 square meters, D large 410 square meters, E miscellaneous land 774 square meters, and F miscellaneous land 1,392 square meters, which was designated as a development-restricted area around 1972.

On June 30, 1983, G miscellaneous land was divided into 231 square meters on June 30, 1983, and 620 square meters on December 30, 1986, H miscellaneous land was divided into 1,392 square meters.

In addition, on December 30, 1986, 5 square meters of I miscellaneous land was divided into 774 square meters in Hanam-si, Hanam-si, and J 137 square meters of 410 square meters in D 410 square meters.

B. Since then around 1986, among the land divided as above, the land divided as above was incorporated into Jungnam-si I Do, 5m2, JJ 137m2, and H miscellaneous land 622m2m2.

On November 27, 1985, the registration of ownership transfer was completed in the name of the State on the ground of the acquisition of a public site on November 27, 1985, and around that time, the JJ large 137 square meters and H miscellaneous land 620 square meters in each of the above lands were merged into K-si roads 52,064 square meters in Hanam-si.

C. Meanwhile, after dividing the size of 52,064 square meters from the 52,064 square meters of the 11.2nd May 11, 2015, the registration of ownership transfer was completed in the name of the Korea Expressway Corporation on June 16, 2015. The Plaintiff purchased the said size of 868 square meters from the Korea Expressway Corporation on June 22, 2015 and completed the registration of ownership transfer on July 22, 2015.

The foregoing land was combined with five square meters in I miscellaneous land on August 7, 2015, and the area became 873 square meters in size. On August 12, 2015, the land category was changed to miscellaneous land and the instant land became changed to miscellaneous land.

On August 18, 2015, the Plaintiff filed an application with the Defendant for changing the land category of the instant land from the miscellaneous land to the factory site. However, on August 24, 2015, the Defendant applied for a change of the land category of the instant land from the miscellaneous land to the factory site. However, the land of the instant case should be changed to the land category of the relevant use only if it was duly constructed or permitted to engage in an act within the development restriction zone, but it cannot be confirmed whether construction or permission to engage in an act on the instant land

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