건축신고 불허처분 취소
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. The reasoning of the judgment of the court of first instance, the plaintiff's assertion, and this part of the relevant laws and regulations are as follows: (a) the second following the second following the third following the judgment of the court of first instance shall be deemed to be "necessary"; and (b) the last following the same shall be deemed to be "Evidence A 1 and 2" as "Evidence A 2 and No. 18"; and (c) the reasoning of the judgment of the court of first instance shall be as stated in paragraphs (1) and (2) of the same Article, except where "Evidence A 2 and No.
(Article 8(2) of the Administrative Litigation Act, main text of Article 420 of the Civil Procedure Act). 2. Determination as to the legitimacy of the instant disposition
A. Permission to engage in development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on determination of the primary assertion
Since there are many parts prescribed as indefinite concepts and administrative agencies are given discretion to determine whether they meet the requirements and standards for permission, whether they meet the requirements for permission for development activities belongs to the area of discretionary judgment of administrative agencies.
A building report on a certain building is deemed to have obtained permission for development activities under Article 56 of the National Land Planning and Utilization Act pursuant to Articles 14(2) and 11(5)3 of the Building Act. Article 58(1)4 of the National Land Planning and Utilization Act provides, based on the permission for development activities, that a building report on a certain building shall be in harmony with the surrounding environment or scenery, such as the actual status of land utilization or land use plan, height of buildings, gradient of land, status of trees, water drainage, water flow, and drainage of river, lake and marsh, and wetlands. Thus, if a building report deemed to have been granted permission for development activities under the National Land Planning and Utilization Act fails to meet the above criteria, an
(See Supreme Court en banc Decision 2010Du14954 Decided January 20, 201, and Supreme Court Decision 2017Du50188 Decided October 26, 201, etc.). However, Article 56(4) of the National Land Planning and Utilization Act does not require permission for development activities.