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(영문) 청주지방법원 2019.05.30 2019구합106

건축신고불가처분취소

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 17, 2018, the Plaintiff: (a) newly constructed Class I neighborhood living facilities (retail stores, 90 square meters 1 m2; hereinafter “instant building”) in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “the first application site”); (b) filed a construction report in the form of complex civil petition (hereinafter “instant first application”); and (c) indicated permission for development, permission for occupation, and reporting and consultation on the diversion of farmland as deemed necessary matters for authorization and permission.

B. On December 17, 2018, the Plaintiff filed an application for permission to use State-owned property for entry into the building of this case scheduled to be newly built (hereinafter “application 2 of this case”) with respect to the water resources construction of 303 square meters (hereinafter “application 2 of this case”) out of 1,479 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and Cheongju, Seo-gu, as indicated below.

D F GH IJ E

C. On December 18, 2018, the Defendant requested consultation on the instant first application to the relevant departments, such as the Cheongju branch office of the Water Resources Corporation, the construction of the Seogu Office, etc. On January 3, 2019, the head of the Cheongju District Office of the Water Resources Corporation responded to the Defendant on January 3, 2019 that “the front side water site of the instant first application is not only the area where the water supply site of the instant first application is located in Daegu City, but also the area where the facilities related to the wide-area waterworks are installed, and the instant second application is an area where the facilities related to the large-area waterworks are installed. As the instant application is deemed to be an exclusive administrative property created for the purpose of maintaining and managing the water supply facility, the use of the State-owned property for the purpose of opening the second application is impossible, and in particular, the use of the attached parts, such as the instant application, is strictly restricted.

On January 7, 2019, the construction division of the Seo-gu Seo-si, Seo-gu, Seo-si, the Defendant’s “National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) is not secured due to the failure to use the State-owned property in this case according to the response by the Water Resources Corporation.”