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(영문) 의정부지방법원 2016.08.23 2015구합1316

건축허가처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 18, 2015, A filed an application with the Defendant for permission to engage in development activities (such as changing the form and quality of land) aimed at creating ten premises for constructing 6,051 square meters of land B and C in Yangju-si, Yangju-si, an agricultural and forest area (hereinafter “instant site”). On July 3, 2015, the Defendant accepted A’s application and rendered the instant disposition of permission for development activities.

B. On July 6, 2015, A filed a construction report with the content of constructing a 3,483 square meters of a total floor area and 10 dong warehouse (the total floor area of each building is 8 m2, each of which is 378 square meters, and 1 39 m2, each of which is 39 m2, 1 m2, and 60 m2, each of which is 60 m2; hereinafter “the instant money company and warehouse”) on the instant site, and the Defendant received the instant construction report on July 27, 2015.

(C) Each of the instant dispositions, along with the instant permission for development activities (hereinafter referred to as “instant dispositions”).

The plaintiffs are residents of both States residing in D in the vicinity of the site of this case.

[Ground of recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiffs’ assertion 1) In light of Article 17(1) of the Framework Act on Environment of Yangju-si, which guarantees residents’ participation in the process of determining and executing environmental preservation policies, the Defendant should have given the Plaintiffs an opportunity to express their opinions prior to each of the instant dispositions. Nevertheless, each of the instant dispositions taken without such prior procedures is unlawful. 2) According to the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 27299, Jun. 30, 2016; hereinafter the same shall apply), according to the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 27299, Jun. 30, 201), only a stable with a total floor area of not more than 40 square meters is subject to a building report, and the total floor area of the instant money company and warehouse is more than 3,483 square meters and is subject to a building

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