건축허가신청반려처분취소
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 June 26, 2017, the Plaintiff filed a construction report with the Defendant on June 26, 2017, on the ground of 34,492 square meters of C forest land (hereinafter “instant land”) with the content that the Plaintiff newly constructs two detached houses of reinforced concrete structure with the size of 1st floor and 206.64 square meters of the total floor area (103.32 square meters, respectively) on the ground.
B. On August 16, 2017, the Defendant rendered a provisional disposition on acceptance of the said building report on the ground that permission for mountainous district conversion and permission for development cannot be granted to the Plaintiff for the following reasons:
(2) In light of the overall consideration of D distribution around the land of this case and D's importance, etc. in which the price of the land of this case falls under class 2 of the groundwater resources preservation zone under the Jeju Special Self-Governing Province Ordinance on the Conservation and Management of Groundwater, and is formed as a special geological structure with excellent quality development of groundwater, it is difficult to hold that the construction application of neighboring areas (D's surrounding areas) is anticipated to increase at the time of consultation on the conversion of gold-free mountainous district, and that there is a significant risk of serious damage to the surrounding areas and destruction of D's surrounding areas due to the risk of serious damage to the development and destruction of the D's surrounding areas. 2) The location of the application for the construction of development activities is the D area falling under class 2 of the groundwater resources preservation zone under the Ordinance on the Management of Jeju Special Self-Governing Province, and in consideration of cultural and native values under Article 24 (1) 1 of the Urban Planning Ordinance on the Conservation and Management of Jeju Special Self-Governing Province, permission for development activities should be granted first to prevent the natural landscape from being damaged.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the land of this case is already owned by the Defendant, E and F, the former owner on January 2, 2007, is not more than G land in Seopo-si, Seopo-si, the neighboring land of this case.