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(영문) 부산고등법원 2017.06.02 2016누24366

건축신고불가처분취소 청구의 소

Text

1. Revocation of a judgment of the first instance;

2. On January 4, 2016, the Defendant rendered a separate disposition not to accept a building report to the Plaintiffs.

Reasons

1. Details of the disposition;

A. On December 2, 2015, Plaintiff A filed a building report, including permission for development, permission for diversion of farmland, reporting on installation of private sewage treatment facilities, etc. with a view to constructing a detached house (the site area of 840 square meters, building area, and total floor area of 86.49 square meters, one story, the number of stories, one unit) on the Defendant of Ulsan-gun, Ulsan-gun (hereinafter “Cri”) (hereinafter “D”) and the Defendant on December 2, 2015. Plaintiff B filed a building report, including permission for development, permission for diversion of farmland, and reporting on installation of private sewage treatment facilities, with the Defendant on December 8, 2015, on detached houses (hereinafter “F land”), 886 square meters, building area, and total floor area of 886 square meters, and 86.49 square meters, one story, and one building volume) to newly construct a private sewage treatment facility, including permission for diversion of use, reporting on diversion of farmland, and reporting on installation.

(hereinafter referred to as the “instant land,” referring to D land, E land, and F land; and hereinafter referred to as the “each instant building report” referring to the Plaintiffs’ building report.

On January 4, 2016, the Defendant rendered each of the instant building reports on the following grounds to the Plaintiffs, each of the instant building reports was rejected, and thus, rendered a provisional disposition (hereinafter “instant disposition”).

Grounds: Grounds for the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"):

A. Article 36 of the National Land Planning and Utilization Act, and Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) defines the conservation and control area as “area in need of preservation of the natural environment, scenery, forest and green space in a city” and is adjacent to H (hereinafter “H”) established in the G with good natural environment (hereinafter “G”), and it is deemed that it does not conform to the purpose of designation (hereinafter “reasons 1”).

In addition, where a detached house is isolated in the absence of urban infrastructure (road water supply and sewage, etc.), the application area shall be the food source if necessary.