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(영문) 청주지방법원 2020.05.07 2019구합7008

개발행위허가신청 반려처분 취소

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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 April 13, 2018, the Plaintiff filed an application for permission to engage in development activities to create a pit for the purpose of collecting tin minerals (hereinafter “instant application”) with the Defendant in Chungcheong City, B (hereinafter “instant land”).

B. On April 20, 2018, the Defendant sent to the Plaintiff an official document demanding that the Plaintiff submit slope analysis drawings by May 31, 2018, the structure height and ground planning height on the drawing, and the data on the review, etc. of entry roads under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); on the ground that the construction of structures above a specific size and the collection of earth and rocks should secure entry roads by July 27, 2018, the Defendant sent an official document demanding the Plaintiff to supplement the plan for securing entry and the drawings.

On July 26, 2018, the Plaintiff requested the Defendant to extend the period for supplementation, and the Defendant extended the period for supplementation by October 31, 2018.

C. On October 29, 2018, the Defendant sent to the Plaintiff a letter that “The instant application is subject to deliberation by the Urban Planning Committee (a change of the form and quality of land following the installation of a structure) as a result of the review of supplementary documents, so additional supplementary matters (a plan for securing access and drawing plans) and deliberation data (after completion of the supplementary matters) by November 30, 2018. The Plaintiff requested the extension of the period for supplementation on November 29, 2018, and the Plaintiff again extended the period for supplementation by December 31, 2018.

As a result of the review of the supplementary documents on January 3, 2019, the Defendant sent a public letter stating that the instant application is subject to deliberation by the Urban Planning Committee (a change of the form and quality of land following the construction of a structure), and that “the final shipment of the supplementary documents (after completion of the plans and drawings) and deliberation materials (after completion of the supplementary matters) by January 31, 2019,” and the Plaintiff requested an extension of the period for supplementation on January 29, 2019, and extended the period for supplementation by February 28, 2019.

(e).