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(영문) 수원지방법원 2019.01.10 2018구합69395

개발행위불허가처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 18, 2017, the Plaintiff purchased C 2,795 square meters in collaboration with D on November 18, 2017, and completed the registration of ownership transfer on December 28, 2017 with respect to shares of 1,323/2,795 (the shares of 1,4795/2,795/2,00 of money) out of the above land.

B. On June 28, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities (such as changing land form and quality) regarding the division of 1,323 square meters of the above land (hereinafter “instant land”) and the creation of sites for Class 1, Class 2 neighborhood living facilities (excluding resting restaurants, general restaurants, and offices) on the ground (hereinafter “instant application”).

C. On August 22, 2018, the Defendant, as a result of the July 2, 2018 Suwon City Urban Planning Committee’s deliberation on the instant application, submitted opinions on the following: “In order to prevent any disorderly urbanization and preservation of farmland in the relevant area as a production green area with a group of farmland, and to prevent any increase in social costs, such as economic feasibility, in establishing the urban planning in the future from a difficult development and long-term perspective due to industrial development activities, the Defendant notified the Plaintiff of the result of the consultation on August 30, 2018.”

(A) No. 6. D.

On September 3, 2018, the Defendant issued a certificate of non-permission regarding the instant application to the Plaintiff on the ground that the instant application is “not later than the completion of the establishment of a comprehensive plan in accordance with the result of the advice of the Committee on Consultation with the In-Si Urban Planning (hereinafter “National Land Planning Act”) pursuant to Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).