개발행위허가신청반려처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed after the deadline).
1. The lower court determined that the instant disposition was unlawful on the ground that: (a) the Defendant’s rejection of the application for permission to engage in development activities (hereinafter “instant development activities”) involving the Plaintiff’s alteration of the form and quality of H 491 square meters (hereinafter “instant forest”); (b) the details of the instant development activities did not satisfy the requirements under Article 58(1)2 and 3 of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”); and (c) the grounds for the instant disposition, which conflict with Article 58(1)4 of the National Land Planning and Utilization Act added in the instant lawsuit, are not identical to the grounds for the original disposition and basic factual relations; (d) there is no evidence to acknowledge that the instant disposition may not conflict with Article 58(1)4 of the National Land Planning and Utilization Act even if it can be asserted as the grounds for disposition, and thus, the instant disposition cannot be deemed unlawful on the ground that there is no significant public interest.
2. However, the lower court’s determination is difficult to accept for the following reasons.
According to the judgment of the court below and the records, the following facts are revealed.
1) On April 27, 2012, the Plaintiff filed an application with the Defendant for the instant permission to engage in the instant development activities with the aim of site creation for Class II neighborhood living facilities (manufacturing Business) regarding the instant forest land. Accordingly, the Defendant is a site for the instant forest land to be incorporated into the zone (hereinafter “instant project”) on May 15, 2012, and is a master plan for development of areas, etc. adjacent to the granted zone (hereinafter “the instant comprehensive plan”) under the Special Act on Support for Areas, etc. adjacent to the granted zone of US Armed Forces in Korea (hereinafter “Special Act for Support”).
2.2.