건축허가신청 불허가처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court's explanation of this case is as follows: Gap evidence submitted additionally in the court of first instance, which is insufficient to acknowledge the plaintiff's assertion, shall be rejected, and since Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are the same as the part of the reasoning for the court of first instance other than the document written in the following Paragraph (1) of the reasoning for the court of first instance, it shall be cited as it is in accordance with the relevant legal principles and the Building Act of the relevant legal principles, inasmuch as Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act are the same as the part written in the reasoning for the court of first instance other than the document written in the following Paragraph (2) of the reasoning for the court of first instance, whether a person who intends to construct a building shall obtain permission from the head of Si/Gun (Article 11 (1));
Article 11(5)3 of the National Land Planning and Utilization Act provides that permission for development activities under Article 56 shall be deemed to have been granted (Article 11(5)3). Article 56(1) of the National Land Planning and Utilization Act provides that construction of buildings (Article 11(1) and alteration of the form and quality of land (Article 2(1)2) shall be granted only when the details of an application for permission for development activities meet the standards for permission (Article 58(1)); and Article 58 provides that the standards thereof shall be prescribed by Presidential Decree according to the classification of special-purpose areas in consideration of the characteristics of the region, development status of the region, current status of infrastructure, etc. (Article 58(1)4 and (3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment 1-2] of the Enforcement Decree thereof.
According to this, permission for development activities is in harmony with the actual use condition or land use plan of neighboring areas, the height of buildings, gradient of land, status of trees, water drainage, drainage of river, lake, marsh, wetlands, etc., and the surrounding areas and surrounding areas.