건축허가신청 불허가 처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Details of the disposition;
A. On January 28, 2016, the Plaintiff filed an application with the Defendant for a building permit including permission for development and permission for diversion of farmland (hereinafter “instant application”) on the ground of 2,162 square meters on the ground of 2,162 square meters of the building area of 428.4 square meters on the ground of 2,162 square meters of land (hereinafter “instant land”).
B. On February 15, 2016, the Defendant rendered a disposition rejecting the instant application for the following reasons against the Plaintiff (hereinafter “instant disposition”).
As a result of consultation with the relevant departments on the case of application for a building permit, since the above parcel is included in D General Industrial Complex Development Plans, it may cause property loss due to the removal of buildings, etc. when the construction of a building is in progress or after completion of the development of an industrial complex.
Although the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, the Gyeongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on April 25, 2016.
[Reasons for Recognition] Facts without any dispute, Gap's 1, 3, Eul's 2, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Defendant promoted a D general industrial complex development plan from around September 2009, but the time seven years have passed since the designation of the general industrial complex was not made up to the expiration of seven years thereafter, and thus, there is a low possibility of realizing the industrial complex development plan. In particular, it is difficult to expect that the instant land will be located at the change of the planned area of the industrial complex, and it is difficult to expect an end-user to appear. Therefore, if a new building is built on the instant land, there is little possibility of removing the building
On the other hand, the plaintiff with consent to use the land of this case is subject to the disposition of this case.