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(영문) 수원지방법원 2021.01.14 2019구합72107
등록사항회복(지목변경)처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running the indoor stadium business, such as ice ice rink, and is the owner of B 1,950 square meters of land (hereinafter “instant land”).

B. On January 15, 2016, C forest land of 3,702 square meters was converted into registration of D forest land of 3,899 square meters, which was divided into the instant land and D forest land of 1,949 square meters on February 23, 2016.

C Forest land, which is a land before subdivision, was designated as a development restriction zone pursuant to Article 3(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, and was determined as a road zone by E and the F of the Public Notice of Construction Ministry of Transport in 1997, which is a telegraphic transport of the Ministry of Land, Infrastructure and Transport in 1986. D part of forest land was mostly used as a road surface of G Highway, and the instant part of land remains idle due to a change to a construction plan for G Highway, and was released from the road zone as a H of the Public Notice of the Ministry of Land, Infrastructure and Transport on December 8, 2015.

(c)

On February 9, 1987, the Republic of Korea acquired the ownership of the instant land by consultation with the public land, and transferred the ownership to the Korea Road Corporation on May 19, 2016, after the instant land was cancelled in a road zone as above.

On October 19, 2016, the Korea Road Corporation made a decision to disuse the instant land and subsequently made a decision to sell it (hereinafter “instant decision on disuse”) with respect to the instant land which is idle land (hereinafter “instant decision on disuse”).

On October 21, 2016, the public sale of the instant land (hereinafter “instant public sale”) was announced by bidding on the public sale on October 21, 2016. The public notice of bidding is written in the column for the purpose of use of the public notice of bidding, and in the column for the status of use, it is written in the column as “part of church farmland and village site.”

With respect to the appraisal of the instant land conducted in the instant public sale procedure, 567 square meters of land I in Hanam-si as a comparative standard for the instant land (an appraisal corporation calculated the administrative conditions and other conditions among the individual factors as “1”).

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