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(영문) 광주고등법원 2014.12.30 2014누6394
개발행위불허가처분취소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasons for the explanation on this part of the basic facts are as stated in the part "1. Basic Facts" among the reasons for the judgment of the first instance, except for the addition of "in accordance with Article 57 (1) of the National Land Planning and Utilization Act" to "the defendant" in the fourth part of the second judgment of the first instance as stated in the fourth part of the second judgment of the first instance as follows: therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main part of Article 420 of the Civil Procedure Act.

2. The reasoning for the plaintiff's assertion and this part of the relevant statutes is as stated in the "2. The plaintiff's assertion and the relevant statutes" (including the relevant statutes attached to attached Table 2) of the grounds for the judgment of the court of first instance. Thus, they are cited in accordance with each of the above statutes

3. Whether the disposition is lawful;

A. The facts of recognition 1) B was commenced and completed in around 1937 by the Bosung Broadcasting Co., Ltd. around 1934, and the Minister of Agriculture and Forestry decided D through Ministry of Agriculture and Forestry’s public notice on December 28, 1966 as a national control embankment, and Bosung Land Improvement Association (the supplementary intervenor’s universal branch office, hereinafter the same shall apply).

(2) The maintenance of this case was divided into land E, which was divided into the land of Goung-gun, Chungcheongnam-gun. The land of this case before the division was registered as miscellaneous land in the land cadastre on March 10, 1939, the history of the reclamation completion on February 8, 1939, and the owner as Bosung-gun Co., Ltd.

3) On April 24, 1986, the instant E miscellaneous land (486,577 square meters) had been registered for the change of indication following the change of land classification on April 24, 1986, and the registration for the change of indication was completed following the registration for the division of 436,835 square meters and F or G maintenance. Thereafter, the said E miscellaneous land was divided into 109,209 square meters for E maintenance and 327,626 square meters for A maintenance and 327,626 square meters for A maintenance, and the registration for the division was completed on October 26, 2012, under the design and supervision of construction works of the Korea Rural Community Corporation (the Intervenor’s telegraph) (the Intervenor’s utility transfer) from October 10, 197 to December 30, 1994.

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