반려처분 취소
1. The Defendant’s disposition of rejection of an application for permission for development activities against the Plaintiff on June 20, 2014 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On February 13, 2012, the Plaintiff obtained permission for development activities for the purpose of creating a Class II neighborhood living facility (manufacturing business) site on the land of Gwangju City and Category C on the land of Gwangju City.
On May 21, 2014, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the purpose of creating a site for a site for Class II neighborhood living facilities (manufacturing business) on the ground of 635 square meters (hereinafter “instant land”) among D forest land 17,561 square meters (hereinafter “instant land”).
(hereinafter “instant application”) b.
On June 20, 2014, the Defendant determined the instant land as a site for an urban planning facility (road, route name) under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and subsequently, at the time of permission for development activities, the instant land causes a trouble to road packing construction at the time of permission for development activities, and ② is in harmony with the surrounding environment, such as the actual use condition or land use plan, gradient, etc. of surrounding areas; however, the instant land was returned on the ground that there is a risk of a sudden slope slope slope at the time of permission for development activities as a base zone, and a risk of falling rocks and safety accidents.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant land was designated as a site for urban planning facilities (road) under the National Land Planning Act on June 7, 1974, but the project for building the instant land has not been implemented up to now, and the construction of the instant land was included in the phase 2 execution plan under the first stage execution plan formulated pursuant to Article 85 of the National Land Planning and Utilization Act, so permission for development of the instant land is possible pursuant to Article 64(2) of the National Land Planning and
In addition, even if the development activities by the plaintiff's application of this case are conducted, the installation of urban planning facilities.