건축불허가처분취소
1. The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.
purport, purport, and.
1. Details of the disposition;
A. On August 16, 201, the Plaintiff filed an application with the Defendant for a building permit for construction of Class 1 neighborhood living facilities (hereinafter “instant application”) with the total floor area of 134.70 square meters on the ground level on the ground level, 134.70 square meters on the ground level (hereinafter “instant land”).
B. Upon consultation with relevant departments on September 1, 201, the Defendant rendered a provisional disposition of denial of construction (hereinafter “instant disposition”) on the instant application by reason of the following: (a) permission for development activities (land form and quality change) was not granted due to the following reasons.
[Unjustifiable cause] ① Article 58(3) of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201; hereinafter “former National Land Planning Act”); Article 56 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 23718, Apr. 10, 201; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”); Article 22(1) of the former Ordinance on Urban Planning (amended by Ordinance No. 4656, Aug. 10, 201; hereinafter “former Urban Planning Ordinance”) is likely to impair the surrounding environment and aesthetic view due to natural landscape damage, etc.
(2) Pursuant to Article 22 subparagraph 2 of the former Urban Planning Ordinance, the gradient of the land of this case shall exceed the maximum gradient of 37.8 degrees.
③ Under Article 22 subparagraph 8 of the former Urban Planning Ordinance, the surrounding areas of the instant land are highly likely to cause disaster due to development activities, such as collapse of adjacent roads due to centralized rain on July 27, 2011.
【Ground for recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, and Eul 1 and 2 (including those with a provisional number; hereinafter the same shall apply), the purport of all pleadings and arguments
2. Whether the instant disposition is lawful.