건축허가불허가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 27, 1973, Daejeon Sung-gu B large-279 square meters (hereinafter “instant land”) was designated as a development restriction zone.
B. On December 3, 2015, the Plaintiff filed an application with the Defendant for a building permit to newly construct a detached house on the ground of the instant land.
(hereinafter referred to as “instant application”). New construction of detached houses within a development-restricted zone is subject to attached Table 1 of Article 13(1) [Attachment 1] of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development-Restricted Zones (hereinafter referred to as “Development-Restricted Zones Act”).
A) According to the provisions of paragraph (a) of the same Article (hereinafter “instant attached Table”), only a house may be newly built on the land where the land category was a building site and the existing house (house registered in the building management ledger of development restriction zones under Article 24) located at the time of the designation of the development restriction zone from the time of the designation of the development restriction zone. However, the land of this case, which was the land subject to the application of this case, does not fall under the land whose land category was a building site since the designation of the development restriction zone was made on June 27, 1973, and there was an existing house at the time of the designation of the development restriction zone, but it did not exist as a result of on-site verification at the
C. On December 22, 2015, the Defendant notified the Plaintiff that the instant application was rejected due to the following reasons:
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence 1 through 3 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Article 13(1) [Attachment 1] 5.C. (c) (hereinafter “attached Table 2”) B of the Enforcement Decree of the Development Restriction Zone Act, where the existing housing in a development restriction zone becomes no longer able to reside due to a disaster, the owner of the existing housing is his/her own land.