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(영문) 의정부지방법원 2017.05.08 2016구합9393

개발제한구역 행위(건축)불허가처분취소 등

Text

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 1, 2003, the Plaintiff acquired the ownership of B forest No. 3,453 square meters in Yangyang-si, Nam-si, which is located within a development-restricted zone on the ground of donation, and thereafter, the said forest became the land subject to registration conversion ( October 26, 201) and the land division ( December 29, 2015) in Namyang-si, Namyang-si, the said forest became the land subject to registration conversion (hereinafter “instant land”).

B. On December 29, 2014, the Plaintiff filed an application for development activities (construction) permission to newly construct a mushroom cultivator on the instant land with the Mayor of Namyang-ju, but the Mayor of Namyang-ju rejected the application on January 30, 2015 for the following reasons.

- A mushroom cultivator may be constructed only for one household (referring to one household residing while owning houses within a development restriction zone) engaged in agriculture and forestry in a development restriction zone; however, housing and residence owned by the Plaintiff are located outside a development restriction zone; - Building construction and alteration of land form and quality of a building within a development restriction zone and installation of a minimum necessary size so as to minimize damage to a development restriction zone in accordance with the detailed criteria for permission or reporting under Article 22 [Attachment Table 2] of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones, the height and drainage of land shall be taken into account, and forest land shall not be anticipated to cause environmental pollution and danger and injury, and shall be excluded from the site for building.

However, the instant land is forest land and is a flat for construction of a shot forest, and it is not in conformity with the aforementioned provisions, such as concerns over causing harm due to changes in the form and quality of excessive cutting, etc. in the course of creating a flat land for construction. - Since the instant land was arbitrarily used as farmland without permission for development activities

(c).

In other words, on April 20, 2016, the Plaintiff is permitted to engage in development activities (construction) in order to newly build the same plant-related facilities (ion rooms) on the land in this case on the Namyang-ju Mayor.