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(영문) 대법원 2017.03.15 2016두55490

건축허가신청반려처분취소

Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined.

1. According to the Building Act, a person who intends to build a building shall obtain permission from the head of a Si/Gun, etc. (Article 11(1)); a building permit obtained under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); and Article 11(5)3 of the National Land Planning and Utilization Act provides that construction of a building (Article 11(5) and alteration of land form and quality (Article 2(1) of the National Land Planning and Utilization Act) shall be deemed to have obtained permission for development activities (Article 11(5)3). Article 56(1) of the National Land Planning and Utilization Act provides that a person who intends to build a building shall obtain permission for development activities only when the details of application for permission for development activities meet the standards (Article 58(1)), and the standards

(3) Article 58(1)4 and (3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provides for the permission standard related to the relationship with the neighboring area in particular, and Article 56(1) [Attachment Table 1-2] subparagraph 1(d)

According to this, permission for development activities is possible only when it is in harmony with the surrounding environment or landscape, such as the actual use condition or land utilization plan of the surrounding area, height of buildings, gradient of land, status of trees, water drainage, drainage of water, rivers, lakes, marshes, wetlands, etc., and there is no possibility that environmental pollution, water pollution, soil pollution, pollution, noise, vibration, dust dust, etc., may occur

In full view of the above provisions, a building permit within a specific-use area stipulated by the National Land Planning and Utilization Act shall be deemed to have the nature of a building permit under Article 11(1) of the Building Act and a building permit under Article 56(1) of the National Land Planning and Utilization Act. Permission for development

Whether it is a requirement because there are many parts specified as an indefinite concept.