beta
(영문) 의정부지방법원 2017.07.13 2017구합225

개발행위준공검사거부처분취소등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. D, on November 7, 201, as the owner of 1,587 square meters (Fro registration conversion on November 14, 2016; hereinafter “instant land”) in Namyang-si, Namyang-si, obtained a building permit for the construction of a new building on the instant land from the Mayor of Namyang-ju on November 7, 201, and the said building permit included deemed matters regarding the permission for development activities (change) and the said permission for diversion of farmland.

On the other hand, D submitted a land use plan accompanied by a written consent to land use and a written consent to the road ledger in order to use it as a access road to the instant land in the case where a part of H forest 34,053 square meters, I forest 907 square meters, J field 93 square meters (hereinafter “instant road”), which is a G ownership of the instant land, is constructed as a road at the time of the application for the said building permit.

B. On April 30, 2015, the Plaintiffs purchased the instant land in the auction procedure for real estate rent, and on June 23, 2015, on which the building owner was changed from Nam-ju Mayor to the Plaintiffs, the Plaintiffs reported the construction participants (owner) change from D to the Plaintiffs, and the terms and conditions of consultation on the permission for development activities (such as change of land form and quality) under the above Building Permission (Report) by the Plaintiffs stated in Article 6 of the terms and conditions of consultation on the permission for development activities (such as change of land form and quality) under the above Building Permission (Report) stated that “the matters

C. Since then, the Plaintiffs filed an application with the Defendant for the alteration of land form and quality change with respect to the construction area of the instant land from the initial 843 square meters to the land size of 1,520 square meters, and the Defendant filed an application for the alteration of development activities (such as changing land form and quality) with respect to each content of the construction plan. On July 4, 2016, the Defendant entered the terms and conditions of permission as “the construction completion of the instant road is impossible until the access road is opened (construction completion) with respect to the matters to obtain development activities by using the planning road.”