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(영문) 부산지방법원 2015.11.12 2015구합22975
지목변경신청 반려 처분취소
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. On June 24, 2015, the Plaintiff filed an application with the Defendant for the change of land category from salt farms to miscellaneous land (hereinafter “instant application”). However, on June 25, 2015, on the ground that the title of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Spatial Data Act”) was amended by Act No. 12738, Jun. 3, 2014; Article 67 of the Enforcement Decree; Article 84 of the Enforcement Rule of the same Act, the Plaintiff did not attach a copy of the document attesting that construction was completed in accordance with the relevant statutes.

B. Meanwhile, on October 21, 2003, the Defendant issued a certificate of completion of report on construction of a temporary building (a building area of 8,410 square meters, total floor area of 12,98.4 square meters, 2 floors) for the construction period until October 21, 2009 to the building owner-building dispute resolution construction company, and received KRW 227,734,390 (hereinafter “instant preservation charges”) from the treatment and construction construction in the development restriction zone, and issued a certificate of completion of report to the building owner SK for the maintenance period until February 28, 2017 (including the building area and building area of 54 square meters, 12,98.4 square meters, and 22 square meters, hereinafter “each building building of this case”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7 (including virtual numbers), Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1. The land of this case shall be Greensan Industrial Complex.

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