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(영문) 수원지방법원 2018.10.31 2016구합68169

재결취소

Text

1. The Defendant’s revocation of a disposition revoking a building permit for the 2016 Gyeonggi-do 670 was revoked on July 13, 2016.

2. Of the costs of lawsuit.

Reasons

1. Details of ruling;

A. The Plaintiffs are residents living in the Heung-gu C apartment located in the vicinity of 11,378 square meters of land B in Yeongdeungpo-gu, Young-gu (hereinafter “instant land”), and some of the Plaintiffs are parents of the students of D elementary schools and D elementary schools affiliated kindergartens located in the vicinity of the instant land.

Meanwhile, the instant land is designated as a green conservation area, natural green area, etc. under the former National Land Planning and Utilization Act (amended by Act No. 14795, Apr. 18, 2017; hereinafter “former National Land Planning Act”).

B. On January 17, 2014, the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) filed an application with the Mayor for the determination of the Yongsan-do Urban Management Planning (hereinafter “instant research institute”) in order to establish research facilities (hereinafter “instant research institute”) on the instant land. On January 21, 2014, the Young-gu Mayor notified the Intervenor of the determination of the Urban Management Planning (Research Facilities) and the result of deliberation by the Urban Planning Committee, and stated in the notification that “the Plaintiff is deemed to have no wastewater due to the implementation of the instant project, so it should be restricted to the location of the wastewater discharge facilities, and (a) the Intervenor submitted a plan for measures related to the determination (Research Facilities) of the Urban Management Plan (Research Facilities) with the Mayor of Yongsan-gu on January 21, 2014, and entered the said plan as “no wastewater has occurred at the time of the operation of the research facilities as above.”

C. On January 27, 2014, the Intervenor was determined by the Defendant on an urban management plan concerning research facilities pursuant to Article 30 of the former National Land Planning Act from the Defendant, and applied for a building permit for the research institute of this case to the Mayor of the Gando on September 15, 2014 following the relevant procedures, such as obtaining the designation of a project implementer and the authorization of an implementation plan. The Gando Mayor was not more than the building permit for the construction of the research institute to the Intervenor on October 27, 2014.