수목장림조성 허가신청 불허가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 9, 2012, the Plaintiff filed an application with the Defendant for permission to develop a natural burial ground in the form of a woodland with respect to the Defendant as to 3,958 square meters of land B, C, C, and C, 1,615 square meters of land, D, and D, and 1,238 square meters, totaling 6,81 square meters of land (hereinafter collectively referred to as the “instant application site”) owned by the Plaintiff.
(hereinafter referred to as “previous application”). (b)
On November 12, 2012, the Defendant rejected the Plaintiff’s previous application on the ground that “the current village development roads and farming roads are not suitable for the implementation of the project because it is difficult for the Plaintiff to travel along the road as a narrow road at the time of the joint use of the access roads and common use of the roads.”
(hereinafter referred to as “previous Disposition”). (c)
On November 26, 2012, the Plaintiff filed an administrative appeal seeking revocation of the previous disposition with the Chungcheongnam-do Administrative Appeals Commission, however, on January 30, 2013, the Plaintiff’s claim was dismissed.
In light of the packaging condition of access roads from the entrance to the site of this case, overall width of roads, road environs, housing distribution, and road use, it is possible to access the site of this case using the above access roads to the site of this case, and even if the passage of a large bus or a small truck, agricultural machinery, etc. is somewhat inconvenient, the passage itself does not seem to be completely impossible. In ordinary cases, it is difficult to deem that there is a traffic obstruction to the extent that it would cause serious inconvenience to the farmer's own or daily life, and in order to minimize inconvenience to the residents' passage and cultivation, it is possible to permit the Plaintiff's application of this case (hereinafter referred to as the "previous application") by means of providing the condition that the passage of a large bus would be properly secured to the extent that the mutual crossing of the large bus would be possible in the middle.