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(영문) 서울고등법원 2017.06.01 2017누30094
토지분할 거부처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case is identical to the part of the reasoning of the first instance judgment, except for the addition of the judgment on the plaintiffs' allegations in this court under Paragraph (2) below, and thus, this case is cited in accordance with Paragraph (2) of Article 8 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(1) In addition, the lower court’s findings and determination are justifiable upon examining the evidence submitted in the first instance court and the first instance court’s trial. On October 2015, the Defendant’s assertion on the Plaintiffs’ additional assertion: (a) allowed the Plaintiff to divide the instant forest into 10 parcels, including 1,00 square meters of I forest and 7,398 square meters (hereinafter “divided I forest”) divided into the instant forest and 28,643 square meters; and (b) with respect to the divided I forest and 3,000 square meters of I forest and 7,398 square meters of land (hereinafter “divided 1 forest and 2,000 square meters of 1 forest and 3,000 square meters of 1 forest and 2,000 square meters of 1 forest and 3,000 square meters of 2,000 square meters of 1 forest and 3,000 square meters of 2,000 square meters of 2,016.

However, the divided I Forest is part of the I Forest Land before its division, and it is difficult to find the reasons to treat the same differently because it is the neighboring land of the forest of this case, and it is not particularly the boundary.

Nevertheless, the instant disposition that rejected the division of the instant forest, unlike the divided I forest and the divided forest, is unlawful in violation of the principle of equality.

Judgment

The purpose of the whole pleadings is to add evidence Nos. 10-1 through 7, evidence Nos. 13, evidence Nos. 13-5-1 through 4, evidence Nos. 6-1 through 3, evidence Nos. 8, evidence Nos. 9-1, 2, evidence Nos. 11-1 through 4, and evidence Nos. 11-1 through 12, and evidence Nos. 12.

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