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(영문) 수원지방법원 2018.08.29 2018구합63045

개발제한구역 행위허가신청 반려처분취소

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1. On February 1, 2018, the Defendant’s disposition of rejection of an application for permission for an act of development restriction against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is engaged in the art business in Suwon-gu, Suwon-si, Suwon-si, which is located within a water source protection area, in the area of 1,69 square meters, C 200 square meters, D previous 2,813 square meters, and E preceding 1,607 square meters (a total of 6,319 square meters, hereinafter referred to as the “instant land”).

B. On November 27, 2017, the Plaintiff filed a report on the construction of a temporary building, a request for temporary use of farmland for other purposes, and an application for permission for the act of development restriction zones (hereinafter “instant application”) with the Defendant on the instant land (hereinafter “instant application”).

Pursuant to Article 7 of the Water Supply and Waterworks Installation Act, Article 13 of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and Article 12 subparagraph 3 of the Water Supply and Waterworks Management Rules, buildings for management shall be installed at orchard, lost means, original complexes, and mushroom farms, and buildings for management shall not exceed 10/1,00 of the area directly provided for production and shall not exceed 66m2,00 square meters including the area of existing buildings for management under Acts and subordinate statutes related to the Water Supply and Waterworks Installation Act. - In accordance with the Gu's Guidelines for Management of Original Arts Complexes (No. 95 of the Ministry of Agriculture, Food and Rural Affairs Directive No. 221 of the Ministry of Agriculture, Food and Rural Affairs Directive), and Guidelines for Management of Agricultural Industry Specialized Complex (No. 221 of the Ministry of Agriculture, Food and Rural Affairs Directive), "agricultural complex" means a collective agricultural product production area equipped with a certain size designated by the Minister of Agriculture, Food and Rural Affairs - At the time of a request for consultation of buildings for management of original complexes.

- Under the provisions of Article 2015-18 of the Ministry of Agriculture, Food and Rural Affairs, “public notice of facility size of fixed greenhouses, etc. allowing a manager,” a fixed greenhouse, etc., for which an application is filed with E and three parcels, etc.