logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.23 2016구합1200
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. On December 16, 2016, the Plaintiff filed an application with the Defendant for a land category change of 625 square meters (hereinafter “instant land”) from “the answer” to “the land lot.”

B. On December 22, 2016, the Defendant returned the instant land to the Plaintiff on the ground that “The Plaintiff did not meet the requirements of Article 81 of the Spatial Data Establishment and Management Act (hereinafter “Spatial Data Act”) and Article 67(1) of the Enforcement Decree of the same Act, on the ground that it did not have any documents evidencing that the instant land has been maintained in a state of suspension and that construction has been completed, such as changing the form and quality of land

(hereinafter referred to as "the Disposition in this case"). / [Grounds for recognition] The Disposition in this case does not dispute, Gap evidence 1, Eul evidence 6 (if any, including the virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. The land category of the relevant Act refers to the registration of land in the cadastral record by classifying the types of land according to the “main purpose of use”. Article 81 of the Spatial Data Act provides that “A landowner shall file an application for land category change with the competent cadastral authority within 60 days from the date on which the ground for land category change occurred” Article 67(1) of the Enforcement Decree of the Spatial Data Act provides that “where a land category change is possible, the construction of a change, etc. in the form and quality of land is completed pursuant to the relevant Acts and subordinate statutes, such as the National Land Planning Act” (Article 1), “where the use of land or a building is changed” (Article 2), and “where a project operator files an application for land merger before completion of construction in order to facilitate an urban development project, etc. pursuant to Article 86 of the Act on the Establishment, Management, etc. of Spatial Data” (Article 84 of the Enforcement Rule of the Spatial Data Act).

arrow