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(영문) 의정부지방법원 2015.11.10 2015구합627

건축불허가처분취소

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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 November 12, 2014, the Plaintiff acquired permission to engage in outdoor sports facilities (such as changing the form and quality of land) and report on the construction of a temporary building from the Defendant in a development-restricted zone (a sports facility [a incidental facility] and a 84.5 square meters of the total floor area] (hereinafter “report on the instant permission to engage in activities and the construction of a temporary building”) from the Defendant, in order to install and operate put and put and put to place a place place room (hereinafter “instant put and put to place a place place place”) equivalent to 4,861 square meters of the facility site area on the apartment-gu, Gyeyang-gu, Seoyang-gu, and 3 lots,

B. On February 17, 2015, the Plaintiff filed an application with the Defendant for a building permit to newly build one unit of facilities for sports of light-frame structure ( put to place orders and ancillary facilities) on the said land (hereinafter “instant application”).

C. On February 26, 2015, the Defendant rejected the instant application against the Plaintiff for the following reasons.

(hereinafter referred to as “instant disposition”). In case of creating outdoor sports facilities within a development restriction zone, it shall satisfy all the matters provided for in subparagraph 5 (h) of attached Table 1 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones.

According to the relevant regulations, outdoor sports facilities can be established only by residents at the time of the joint operation or designation of the village, and the number of facilities that can be established shall be planned in Gyeonggi-do, but the thickness does not constitute “person who can be established” because he/she does not fall under a resident at the time of designation.

(hereinafter “Grounds for Disposition 1 of this case.” In addition, according to the relevant provision, outdoor sports facilities that can be installed within a development-restricted zone mean sports facilities and ancillary facilities that do not involve the construction of a building,” and the thickness is the shipment of a building permit under Article 11 of the Building Act for the construction of a building, and outdoor sports facilities that involve the construction of a building.