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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 its land category from salt farms to miscellaneous land (hereinafter “instant application”). However, on June 25, 2015, the Defendant rendered a disposition rejecting the said application (hereinafter “instant disposition”) on the ground that the name of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Act”) was amended by Act No. 12738, Jun. 3, 2014 by Act No. 12738, Jun. 3, 2014. Article 67 of the Enforcement Decree of the Act and Article 84 of the Enforcement Rule of the same Act, on the ground that the name of the Act on the Construction, Waterway Survey and Cadastral Records (hereinafter “Spatial Data Act”) was not accompanied by a copy proving that construction works, such as changing the form and quality of land, was completed in accordance with the relevant Act and subordinate statutes.
B. On the other hand, on August 8, 2013, the Defendant issued a certificate of completion of report on construction works (the temporary office, temporary warehouse, temporary accommodation, building area and the building area of 1,411.91m2, 1st floor 5m2; hereinafter “instant building”) to the construction company in the instant land for the purpose of July 3, 2015, with the retention period up to July 3, 2015, to the project owner SK Construction Co., Ltd. on the ground of the instant land, and received from the SK Construction Co., Ltd. the instant preservation charges (hereinafter “instant preservation charges”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 (including virtual numbers), Eul evidence 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 in this case has already lost functions as a salt farm due to the creation of a green industrial complex and the construction of national highways, and functions as a miscellaneous land, and it is unnecessary to change the form and quality of the land by cutting, filling, and suspending, etc. which constitute development activities.