공작물축조신고서반려처분 무효 확인 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Summary of grounds for appeal;
A. 1) The Defendant, who has no basic survey as an urban/Gun management plan establishment of a zone subject to permission for development activities, shall provide the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City “Formulation of the Comprehensive Development Plan” for the lot of stone collection site (hereinafter “instant services”).
(B) Upon implementation, the Seoul Gwanak-gu Seoul Special Metropolitan City F Group (hereinafter referred to as the “F Group”) located in the Quarrying site is the area of the instant case.
(i)the instant area is designated as a restricted area for development activities on the ground that it is an area for which an urban/Gun management plan is formulated and publicly notified (hereinafter referred to as the “instant public notice”).
A) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)
Article 27(3) of the Act provides that a basic survey implemented when an urban or Gun management plan is formulated shall include land suitability assessment and disaster vulnerability analysis. Thus, in order for the Defendant to have commenced a basic survey for formulating an urban or Gun management plan, land suitability assessment and disaster vulnerability analysis should be commenced. However, the instant service cannot be deemed a basic survey for formulating an urban or Gun management plan, and it cannot be deemed an area for formulating an urban or Gun management plan, and it cannot be deemed that it is an area for formulating an urban or Gun management plan. Thus, the instant notice that the Defendant designated the instant area as a restricted area for development activities is null and void. (2) The Seoul Special Metropolitan City Mayor without the authority to publicly notify the Defendant’s topographic map is delegated to the head of the Gu under Article 68(1) and [Attachment 4] of the Urban Planning Ordinance, but the affairs concerning the preparation and public announcement of topographic drawings, etc. are not separately delegated to the head of the Gu.
Therefore, the defendant shall prepare and announce a topographic map in the restricted area for development permission.