토지형질변경허가처분취소등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The owner B of the Gyeonggi-gu Forest C, Gyeonggi-do, a planned control area under the Building Act (hereinafter “instant building site”) filed a building report with the Defendant on the construction of a house on the ground of the instant building site. The Defendant received the said building report on January 18, 2010, following consultation on permission for mountainous district conversion.
On the other hand, the building report includes the installation of retaining walls with a height of less than 4 meters on the ground of the instant building site.
B. After that, B, on the ground of the instant building site, newly constructed one unit of housing, warehouse, and garage on the ground, and filed a report on modification of the reported matters on the said building report by installing a retaining wall with a height of less than 3 meters, and the Defendant accepted it on May 9, 201.
C. However, upon receipt of a civil petition with the content that “B installs a retaining wall more than 3 meters on the ground of the instant building site,” unlike the above building report, the Defendant issued a construction report and a notice of the result of the hearing for revocation of permission for mountainous district conversion (consultation) to B on June 27, 2011, according to the written opinion submitted by B after holding the hearing.
After that, B removed part of the retaining wall installed on the ground of the instant building site, and the Defendant filed a report again to the Defendant on an amendment to the reported matters regarding the above building report, such as the content that re-enters the height of the retaining wall from 1m to 5m, and the Defendant accepted it on February 20, 2012 (hereinafter “instant disposition”). Meanwhile, the height of the retaining wall measured after the said amendment was 4.2m to 4.3m.
E. The Plaintiff is the owner of the Plaintiff’s housing (hereinafter “Plaintiff’s housing”) and the E large-scale 117 square meters (hereinafter “Plaintiff’s land”) that are located in the Gyeonggi-do 546 square meters adjacent to the north of the instant building site, and the two-story housing (hereinafter “Plaintiff’s housing”).
[Ground of recognition] There is no dispute.