건축허가불허가처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff was operating a gas station (hereinafter “existing gas station”) in Namyang-si, Namyang-si, located within a development-restricted zone, in 1,480 square meters of the C gas station site (hereinafter “instant application site”). From the time of designation of the development-restricted zone as to the instant application site, the Plaintiff resided within the relevant development-restricted zone from the time of designation of the development-restricted zone to D on December 24, 2018.
B. On December 19, 2018, pursuant to the proposal of the Korea Land and Housing Corporation, which is a public housing business operator, the Namyang-si City City Mayor designated the area of 2,447,495 square meters of 2,495 square meters as “F public housing zone” and publicly announced the opinions of residents, etc. pursuant to Article 10(1) of the former Special Act on Public Housing (amended by Act No. 17453, Jun. 9, 2020; hereinafter “former Special Act on Public Housing”).
(Public Notice in South-Korea). (C)
On June 5, 2019, the Plaintiff filed an application with the Defendant for a building permit for the new construction of gas stations to remove existing gas stations and new gas stations on the land of this case.
(hereinafter “instant application”) D.
On June 17, 2019, the Defendant rejected the instant application for the following reasons.
(1) The application for a building permit is to newly build a facility for storing and treating dangerous substances (such as gas stations, etc.) in a size of 796.05 square meters in the total floor area of the existing site where a facility for storing and treating dangerous substances (such as gas stations, etc.) is located (the presumption of removal of an existing building). The new construction and extension of gas stations in a development restriction zone may be established by a resident at the time of designation pursuant to subparagraph 5 (e) 10 of attached Table 13 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), but the thickness is from December 24, 2018 to reside in an area other than a development restriction zone as of the date of application, and is not a resident at the time of designation of the development restriction zone.