개발제한구역해제 거부처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an owner of not less than 198§³ B in Ansan-si.
B. On March 22, 2018, the Plaintiff filed an application with the Defendant for the cancellation of the instant land in a development restriction zone on the ground that the instant part of the forest constitutes “a site leading to the boundary line of a development restriction zone and the area of the site is below 1,00 square meters from the time of designation of the development restriction zone” under Article 2(3)6(a) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones.
C. On August 28, 2012, the Defendant sent a reply to the Plaintiff on the following grounds: “The instant reply was made to the effect that “the forest was partitioned on February 10, 201, and once again combined on September 16, 2011, it is impossible to cancel the designation on the land that does not meet the criteria for cancellation of the development restriction zone” (hereinafter “instant reply”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. If an administrative agency’s rejection of a citizen’s petition constitutes an administrative disposition that is subject to an appeal litigation, the administrative agency’s right to request a citizen’s action should be the citizen. If an administrative agency does not accept a citizen’s petition without such right to request a citizen’s request, the rejection does not affect the applicant’s right or legal interest, and it cannot be deemed an administrative disposition that is subject to an appeal litigation.
(See Supreme Court Decision 2004Du11626 Decided April 15, 2005, etc.). B.
Therefore, in this case ex officio, we examine whether the Plaintiff has the right to statutory or cooking, which is entitled to request the cancellation of the land in this case from the development restriction zone.
1) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)
) The Act provides for matters necessary for the formulation, implementation, etc. of plans for the utilization, development and preservation of the national land (Article 1, section 1, section 1.