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(영문) 대구지방법원 2017.03.24 2016구합23846
지목변경신청반려처분취소
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. Acquisition of ownership of each of the instant land in a development restriction zone: (a) The 1163 square meters in the Daegu-gun District B orchard 5485 square meters is divided into C on March 5, 1999; (b) on July 21, 199, 80 square meters was divided into D; (c) on November 10, 2005, the 854 square meters in the area is E; and (d) on July 25, 2013, the 2190 square meters in the area is divided into F; and (c) on July 25, 2013, the 216 square meters in the area was divided into G; and (d) on July 25, 2013, the 182 square meters in the area between B and orchard 182 square meters in Daegu-gun (hereinafter “instant land”; and (d) each of the instant land is divided into “the instant land” and “the instant 216 square meters in the area.”

(2) On August 5, 1993, the Plaintiff received the registration of ownership transfer for shares of 4165/5485 out of each land of this case from H, and completed the registration of ownership transfer for reasons of sale. The Plaintiff completed the registration of remaining 1163/5485 shares from I on January 28, 199.

3) Each of the instant lands is governed by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(D) Article 36(1)1(d) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”) shall be a natural green area under Article 36(1)1(d) of the

B. Around 191, H obtained a building permit for a manager of an orchard (area 27.06 square meters) on the instant land, which is an agricultural facility, and constructed a manager (hereinafter “the instant former manager”), and thereafter transferred the instant old manager to the Plaintiff and I around that time.

2. On September 194, the Plaintiff and I reported to the Defendant on the diversion of the land category of 48.39 square meters among the instant land in order to extend the former manager of the instant case. On or around October 1994, the Plaintiff and I reported on the diversion of the land category as miscellaneous land. On or around October 1994, the Plaintiff and I extended the land area into 49.84 square meters with the permission for extension granted to the former manager of the instant case, and around July 11, 1995.

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