개발행위불허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 22, 2015, the Plaintiff filed an application with the Defendant for development activities for constructing 2,970 square meters of land storage (hereinafter “instant application site”) among B, Cheongyang-gun and one parcel (hereinafter “instant application site”).
(hereinafter “instant application”). (b)
On September 30, 2015, the Defendant notified the Plaintiff of the rejection of the instant application on the ground that “the instant rejection disposition was rejected as a result of deliberation by the Cheongyang-gun Urban Planning Committee” (hereinafter “instant rejection disposition”), and the Gun Planning Committee notified the Plaintiff of the ground that “(the instant application place) is connected with D Do’s parks with good natural landscape, to preserve the surrounding natural scenery, and to prevent reckless development, such as the lack of effectiveness and excessive amnesty, damage to the location, natural scenery, etc.”
C. On November 25, 2015, the Plaintiff filed an objection against the instant rejection disposition with the Defendant pursuant to Article 18(1) of the former Civil Petitions Treatment Act (amended by the Civil Petitions Treatment Act (amended by Act No. 13459, Aug. 11, 2015; hereinafter “Civil Petitions Treatment Act”); hereinafter “Civil Petitions Treatment Act”) (A petitioner dissatisfied with the rejection disposition issued by the head of the administrative agency with respect to civil petitions may file an objection with the head of the administrative agency in writing within 90 days from the date of receipt of the rejection disposition).
On December 21, 2015, the Defendant notified the Plaintiff that “the results of deliberation on the objection and the instant refusal disposition are reasonable.”
(hereinafter “Notification of Results of the instant objection”). 【No dispute exists, entry of Gap evidence Nos. 1 through 10, the purport of the whole pleadings.”
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
A. An objection against the rejection disposition under Article 18(1) of the Civil Petitions Treatment Act (hereinafter “civil petition objection”) is unlawful or unreasonable by the administrative agency.