건축신고반려처분취소
1. Revocation of a judgment of the first instance;
2. On February 17, 201, the Defendant rendered a disposition to return a building report to the Plaintiff.
1. The following facts as to the circumstances of the disposition may be acknowledged either in dispute between the parties or in the entry of evidence A No. 1, together with the purport of the whole pleadings:
On January 11, 2011, the Plaintiff filed a building report (hereinafter “instant application”) with the Defendant to construct the second floor detached housing (hereinafter “instant building”) on the ground of 330 square meters (hereinafter “instant forest”) among the 2,031 square meters of forest land in Jeju-si owned by the Plaintiff.
① The instant forest land, for which no agreement on conversion of a mountainous district was made, is deemed lawful (Supreme Court Decision 2005Du10521 Decided January 13, 2006) and is included in the place where the previous decision was made to deny the alteration of the form and quality of a forest (Supreme Court Decision 2005Du10521 Decided January 13, 206), and is likely to result in a violation of Article 1 of the Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012; hereinafter the same shall apply) and the said Supreme Court decision, due to the reckless development of neighboring mountainous districts, which
② Since the instant forest land, which is not permitted for development activities, is located in a mountain zone and adjacent to D, which is a global natural heritage, and is likely to seriously damage the natural environment as well as the destruction of the ecosystem due to reckless development in the mountain zone, it is impossible to permit development activities according to Article 56(1) [Attachment Table 1-2] [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 23718, Apr. 10, 2012; hereinafter the same shall apply) (amended by Presidential Decree No. 23718, Apr. 10, 2012), and Article 16(1) [Attachment Table 1] [Attachment 1] of the Standards for Permission for Development Activities and the Urban Planning Ordinance of Jeju Special Self-Governing Province (hereinafter “Urban Planning Ordinance”).
B. On February 17, 2011, the Defendant issued a return disposition against the Plaintiff on the grounds as follows (hereinafter “instant disposition”).
2. The instant disposition is lawful.