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(영문) 수원지방법원 2019.01.31 2018구합70586
건축허가신청반려처분취소
Text

1. On August 7, 2018, the Defendant issued a disposition to return a report on the construction of a detached house and an animal crematory facility to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an owner of B,215 square meters of forest land in Ansan-si (hereinafter “instant land”).

The specific use area of the instant land is a planned management area stipulated in Article 36(1)2(c) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On March 6, 2018, the Plaintiff filed a construction report with the Defendant, including an application for permission for change of development activities and an application for permission for change of mountainous district conversion, by means of complex civil petitions, to newly construct “a single house or animal crematory facility” (hereinafter collectively “instant building”) on the instant land.

(hereinafter “the instant building report”). The Plaintiff initially obtained permission to engage in the development activities for the purpose of constructing a detached house on the instant land, and subsequently modified the purpose to construct a detached house and an animal crematory facility, and filed the instant building report.

C. On August 1, 2018, pursuant to Article 59 of the National Land Planning and Utilization Act, the Defendant held an Ansan City Urban Planning Committee (subcommittee) to deliberate on whether to accept the instant building report, and the said Committee rejected the instant building report.

The 14th Urban Planning Committee of 2018 (Subcommittees): - The purpose of application for construction report - The use of detached houses and animal crematory facilities - adjacent to national highways has problems in direct entry into and exit from national highways, environmental pollution due to crematory facilities of sites adjacent to national highways is anticipated, and the location due to excessive topographical changes is inappropriate.

D. On August 7, 2018, the Defendant rendered a disposition to return the instant building report to the Plaintiff for the following reasons.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is an issue of entering national highways, which is the grounds for disposition cited by the defendant.

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