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(영문) 서울고등법원 2017.01.20 2016누768

개발행위허가신청반려처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Details of the disposition;

A. B and C obtained permission to change the form and quality of D’s forest land from the Defendant around May 1996, and on February 3, 1997, the above land was converted for registration as E. In the process, the above land was divided into E, F or G.

B. Although construction has been completed on a part of each of the above lands, the permission was revoked as the construction did not proceed for a long time with respect to H 491 square meters of forest land at the time of Pakistan (hereinafter “instant forest”).

C. As the Special Act on Support to Areas, etc. adjacent to the usfk granted to the United States of America for the use of the United States Armed Forces in Korea (amended by Act No. 13797, Jan. 19, 2016; hereinafter “Special Act on Support”) was enforced on September 4, 2006, it was designated as the “returned area” under the Special Act on Support to Areas, etc. adjacent to the usfk granted zone, including the instant forest.

On the other hand, on May 4, 2011, the Defendant: (a) concluded a S Development Project (hereinafter “S Project”); (b) concluded a letter of understanding with the SP Investment Co., Ltd., a private business entity on May 4, 201; and (c) filed an application with the Governor of Gyeonggi-do on November 23, 201, for the modification of the instant comprehensive plan to include the instant project in the comprehensive development plan for areas, etc. adjacent to the Granting Districts (hereinafter “the instant comprehensive plan”) established pursuant to Articles 2 subparag. 5 and 7 of the Special Act on Support to the Governor of Gyeonggi-do on November 23, 201, to include the instant project in the comprehensive plan for development of areas, etc. adjacent to the Granting Districts (hereinafter “the instant comprehensive plan”).

E. Furthermore, the Defendant, including the instant land for the instant project, owns the land of JIKL KRW 3,720,000 square meters for the land of JIKL in the Pakistan-si, and the former National Land Planning and Utilization Act on July 2013.