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(영문) 창원지방법원 2016.09.06 2016구합306

개발제한구역내 건축불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 19, 2007, the Plaintiff obtained permission for a land transaction contract from the Defendant for a forestry use with respect to the land transaction contract for the land of 241 square meters in Changwon-si, Seoul Special Metropolitan City, which was located within the area subject to land transaction permission. C 152 square meters in a forest, and D forest land of 19,8

The Plaintiff purchased from E each of the above land and the above land and the F-source of Seongdong-gu, Changwon-si and 988 square meters of G orchard, and completed the registration of ownership transfer on January 7, 2008.

B. The details of the division and land category change of each of the above lands shall be indicated as follows:

(2) The land use area of the instant land is a natural green area and a special-purpose zone. The land use area of the said land is a development restriction zone. The land prior to the division and alteration (the area of the instant land is a natural green area and a special-purpose zone) is a land (the area of the instant land is a development restriction zone. The land use area of the instant land is a G-source of 701 square meters and a forest land of 241 square meters in 241 square meters in land, the land F-source of 988 square meters and a forest of 152 square meters in 152 square meters in land on December 21, 2011, on December 21, 2011, a land of 152 square meters in D 19,805 square meters in a forest and a forest of 17,650 square meters in a forest and a forest of 670 square meters in a 276 square meters in a 276 square meters prior to the date of subdivision and alteration.

C. On July 22, 2015, the Plaintiff filed an application for a building permit with the Defendant to construct a manager of a building site area of 988 square meters and a building area of 56.7 square meters on the instant land.

On July 31, 2015, the Defendant rendered a disposition of non-permission to construct within a development restriction zone on the following grounds to the Plaintiff:

(1) In accordance with Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”) and Article 13 [Attachment 1] subparag. 5(b) of the former Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Presidential Decree No. 26512, Sept. 8, 2015; hereinafter “former Enforcement Decree of the Development Restriction Zones”), a manager in a development restriction zone shall be located in an area where the land directly used for production is not less than 2,00 square meters and the area of land directly used for production is not less than 2,00 square meters and shall be placed in an area where orchard, grassland, washed, irrigation,