개발행위불허가처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On February 9, 2018, Plaintiff A sold 10,119 shares of C forest 18,906 square meters (hereinafter “instant land”) located in the preservation and management area of Gwangju-si, Gwangju-si (hereinafter “instant land”).
B. After that, the Plaintiffs filed an application with the Defendant for permission for development activities for the purpose of simple division of land through the sale of the instant land, but the Defendant rejected the application for permission for development activities of the Plaintiffs on February 26, 2018 as follows.
(hereinafter referred to as the “instant disposition”). Since the land for which infrastructure (water supply, sewerage, road, etc.) is not installed by the standards for the permission for the division of land under Article 27 [Attachment Table 24] of the Ordinance on Gwangju City comes to be divided by simple sale and purchase, it shall be disposed of as a result of the occurrence of land prices which are not connected with infrastructure (road, etc.), there is no dispute (based on the recognition], each entry in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion 1) The grounds for rejection of the instant disposition (the scheduled site for division does not adjoin infrastructure, such as the road, etc.) arise.
(2) Article 27 of the Ordinance on the Urban Planning of Gwangju City, enacted by delegation of the Guideline for Operation of Permission for Development Activities, which is merely an administrative rule, is null and void in violation of the principle of statutory reservation. Thus, the aforementioned provision cannot be a legal basis for the instant disposition. (2) Even if the instant land is divided, there is no possibility that a franchise will occur.
3) The instant disposition, which the Defendant rejected only the Plaintiffs’ application for permission to divide the instant land, including Gwangju City D, which was divided into the instant land, is an abuse of discretionary authority, unlike granting permission to divide the instant land, is as shown in the separate text of relevant statutes. (B) Determination 1 is below the National Land Planning and Utilization Act as to whether legal basis and the principle of statutory reservation are violated.