골재 선별 파쇄 신고 수리 불가처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 30, 2017, the Plaintiff submitted a report on the selection and crushing of aggregate to the Defendant on May 30, 2017, for the purpose of performing the act of screening and crushing of aggregate in A and five parcels (hereinafter “instant land”).
B. On June 19, 2017, the Defendant, pursuant to Article 64 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), cannot perform any act impeding an urban planning facility project on the road, park, and parking lot site, which are urban planning facilities. ② The instant land limits the use of a building pursuant to Article 7 of the Guidelines for Implementation of the Preferred to as the Preferred to as the “Guidelines for the Preferred to as the Preferred to as the “Implementation Guidelines” (hereinafter “instant Guidelines”), and even if there is no building, it also meets the purpose prescribed by the district unit plan, but even if there is no building, on the ground that the aforementioned report does not conform to the provisions of Article 7 of the Preferred to as the instant Guidelines, the Defendant made a non-acceptance of the said report (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission rendered a ruling dismissing the Plaintiff’s claim on September 25, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 3, and 6, the purport of the whole pleadings
2. The plaintiff's assertion
A. Pursuant to Article 64(1) of the National Land Planning Act, the Defendant issued the instant disposition on the grounds that all acts impeding the project of urban planning facilities cannot be performed in the road, park, and parking lot site, which are urban planning facilities.
However, since the project on the installation of the facility has not been implemented until two years have passed since the date of the announcement of the determination of urban planning facilities on the land in this case, it is possible to change the form and quality of the land within the necessary range, such as construction of temporary buildings, installation of structures, remodeling, reconstruction of buildings, and alteration of the form
B. The defendant shall aggregate.