beta
(영문) 수원지방법원 2017.05.30 2016구합69001

건축신고취소처분취소 청구의 소

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 December 31, 2012, Plaintiff B (the Plaintiff’s sales system) is divided into 8,826 square meters of land area on the ground of the Plaintiff on the ground (the green conservation area, green area for special use, and area for special use into 8,700 square meters of D forest and 660 square meters on October 11, 2013, after registration conversion into 8,700 square meters of land in Ansan-si, Ansan-si, the Defendant divided into 660 square meters of forest and 148 square meters of land in E forest, 285 square meters of forest and 7,607 square meters of G forest and 7,607 square meters, respectively).

1. The drawings are “D” parts

() On March 27, 2014, the Plaintiff filed a construction report on the construction of a Class 1 neighborhood living facility (retail store) with a total floor area of 98.4 square meters, and on March 27, 2014, the Plaintiff was divided into a group of 7,607 square meters (a special-purpose area: a green conservation area: a green conservation area; a special-purpose area: a 493 square meters of forest land and 455 square meters of H forest and 6659 square meters of forest and 6659 square meters of forest and field,

(Attachment) 493 square meters of a site area on the ground (attached Form)

1. The “G part” in the drawings

(2) As to each of the instant reports, each of the instant reports on building sites is deemed as “each of the instant forests and fields,” and each of the instant reports on building sites is deemed as “each of the instant forests and fields,” in which each of the instant reports on building sites is deemed as “each of the instant forests and fields.”

B) On August 22, 2013, the Defendant notified the Plaintiff B of the receipt of the building report, and notified the Plaintiff A of the receipt of the building report on June 13, 2014. (c) Audit Results on the Defendant of the Auditor at Ansan-si, and the illegality of each of the instant building reports was pointed out, and the Defendant, around August 9, 2016, notified the Plaintiffs of each of the instant building reports (hereinafter referred to as “instant Disposition 1”) that the instant forest did not implement the road designation procedure with the consent of the interested parties under Article 45(1) of the Building Act (hereinafter referred to as “instant Disposition 1”), Article 58 of the National Land Planning and Utilization Act and Article 16 of the Ansan-si Urban Planning Ordinance (hereinafter referred to as the “National Land Planning Act”), even if each of the instant forests does not meet the gradient requirements (17 degrees). However, each of the instant reports was revoked.