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(영문) 광주지방법원 2016.06.09 2015구합1335

개발행위불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 14, 2015, the Plaintiff filed an application with the Defendant for permission to engage in development activities for building a trucking 121 parking lot (hereinafter “instant application”) with respect to each land listed in the annexed real estate list No. 1 (hereinafter “instant application”).

B. On August 25, 2015, the Defendant notified the Plaintiff of non-permission regarding the instant application on the following grounds (hereinafter “instant disposition”).

(1) Notwithstanding the fact that there is no risk of environmental pollution, ecosystem destruction, or damage caused by air pollution, water pollution, soil pollution, noise, vibration, dust dust, etc. to the neighboring village and its surrounding area due to development activities under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act (hereinafter referred to as the "National Land Planning and Utilization Act") and Article 56-2 of the attached Table 1-2 of the Enforcement Decree of the same Act (hereinafter referred to as the "Land Planning and Utilization Act") and (d) of the same Act, if a parking lot (area 13,328 square meters) is constructed in the neighboring village and fire, and a parking lot (area 13,328 square meters) is used as a parking lot, it is not in conformity with the above criteria.