건축신고신청 불수리(불허가) 처분취소의 소
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 November 7, 2018, the Plaintiff filed a building report (hereinafter collectively referred to as the “instant report”) pursuant to Article 14 of the Building Act with a view to newly constructing two-story detached houses with a total floor area of 99.78 square meters on the ground of 5,901 square meters of Kimcheon-si (hereinafter referred to as “Bri”) among 5,901 square meters of 3,000 square meters of 5,000 square meters of Kimcheon-si (hereinafter referred to as “Bri”) and 4,959 square meters of D forest land (hereinafter referred to as “instant land adjoining each other”).
B. On December 2018, the Korean Traditional Temples E (hereinafter “E”) submitted to the Defendant a dissenting opinion on the instant report to the firstman.
On December 10, 2018, the Defendant notified the Plaintiff of the extension of the period of civil petition treatment of the instant report by January 4, 2019 on the ground that “the requirements for the period of time due to the comprehensive deliberation and the holding of the civil petition coordination committee” was “the requirements”.
C. On December 24, 2018, the Defendant held a civil petition coordination committee in Kimcheon-si, and as a result of the deliberation, the Defendant decided as “non-permission of development activities and non-acceptance of a building report.”
On December 28, 2018, the Defendant notified the Plaintiff of the non-acceptance of the instant report on the following grounds:
(hereinafter “Disposition in this case”). Pursuant to Articles 56 (Permission for Development Acts) and 58 (Standards, etc. for Permission for Development Acts) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and guidelines for the operation of permission for development activities, a project target area is a preserved green area and natural green area, and a forest formed by a natural forest needs to be preserved more than that of the forest, and there is no dispute over the need to preserve the original state in close vicinity to the protection area of the E company, and there is a concern for harmony with the landscape of surrounding areas, such as F Park, G Park, eco-friendly ecological park, etc. in the vicinity of the area subject to the project. The fact that there is no ground for recognition that there is a concern about in harmony with the landscape of surrounding areas, such as F Park, G Park, eco-friendly ecological park, etc.
2. This.