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(영문) 대전지방법원 2014.01.15 2012구합5642

건축신고불수리처분취소

Text

1. The Defendant’s disposition of non-acceptance of building report against the Plaintiffs on September 20, 2012 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 6, 201, the Plaintiffs, C, and D filed an application for a building report or permission for development with the Defendant to construct a total of 20,000 square meters on the ground of approximately 20,000 square meters (hereinafter “previous application site”) of land area, including forest E 13,224 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “previous application site”). However, on January 6, 2012, the Defendant returned the report to the Defendant on January 6, 201, on the following grounds: (a) the report is deemed likely to damage natural landscape and distress when the report is accepted as a site development site that was divided into a housing site development site; (b) a Class II district unit planning or project plan under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); and (c) there is a need for the conservation of natural scenery in its original form as a core area in the budget; and (d) the residents of the village oppose the natural environment

(hereinafter referred to as “previous Disposition”). (b)

Plaintiff

A filed an application with the Defendant for permission for mountainous district conversion and permission for development, including a building report, on the content that a total of 7,372 square meters of six lots of land, including 13,224 square meters of E, which are part of the previous application site on August 2012, in aggregate, 200 square meters of 7,372 square meters of land (hereinafter “the first application site”), and the Plaintiff B filed an application with the Defendant for the permission for mountainous district conversion and permission for development, with the content that a total of 24,626 square meters of land, including 13,224 square meters of E, which is part of the previous application site on the same day, among 24,778 square meters of land on the aggregate of 24,626 square meters of land, which is a part

(hereinafter collectively referred to as "the instant building report").

On September 20, 2012, the Defendant returned the instant building report by the Plaintiffs for the following reasons.

(hereinafter referred to as the “instant disposition”). The land located within 88 meters from the standard place of application for a construction report or the standard place of application for permission for development activities (land form and quality change) of the land outside and outside three parcels (excluding the part of the total six parcels in the application form and quality change) shall be the criteria for permission for development activities under Article 56 of the Enforcement Decree of the National Land Planning Act.