개발행위불허가처분취소
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 July 24, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities related to Suwon-si B, Suwon-si.
(hereinafter referred to as the “instant land,” and “the instant application,” b.
Land of approximately KRW 1660,00 square meters, including the instant land in Suwon-si, Suwon-si, is a conservation site under the basic urban planning, and is a production green area under the Urban Management Act, and was the excellent farmland in an agricultural promotion area where farmland diversion was restricted, and the restriction was cancelled in July 2016.
(hereinafter referred to as the “instant cancellation area”). (c)
In April 2018, the Suwon-si Urban Planning Deliberation Committee (hereinafter referred to as the “Committee”) recommended that “ Since the establishment of a comprehensive plan for the entire area released from good farmland should be prior to the establishment of the comprehensive plan, permission for development activities of members of the above region should be dealt with after deliberation by the Committee.”
On March 30, 2018, the Defendant notified the Plaintiff of the result of the 8th Committee’s deliberation in 2018, and notified the Plaintiff of the rejection of the instant application before the establishment of a comprehensive detailed plan in the relevant region according to the aforementioned result of the deliberation on September 3, 2018.
(2) In order to prevent any disorderly urbanization and increase in social costs, such as economic feasibility, in establishing urban planning in the future from a difficult development and long-term point of view, the relevant area needs to formulate a comprehensive plan that reflects all the purport and characteristics of the designation of the relevant special-purpose area, connection with infrastructure facilities (water supply and drainage facilities, roads, etc.), smooth flow of transit traffic, impact on the display of functions of surrounding farmland, and streetside landscape, etc. based on the site of buildings.