logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2017.06.07 2016누11578
개발제한구역내 건축불허가처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 19, 2007, the Plaintiff obtained permission for a land transaction contract from the Defendant for a forestry use with regard to the land transaction contract for the land of 241 square meters in Changwon-si, Seoul Special Metropolitan City, which was located within the area subject to land transaction permission. C 152 square meters in a forest, and D forest land of 19,8

The Plaintiff purchased from E each of the above land and the above land and the F-source of Seongdong-gu, Changwon-si and 988 square meters of G orchard, and completed the registration of ownership transfer on January 7, 2008.

B. The details of the division and land category change of each of the above lands shall be indicated as follows:

(2) The land of this case is not subject to a special-purpose area, but subject to a special-purpose area, and the special-purpose area is designated as a development restriction zone, in accordance with the urban management plan. The land of this case is subject to a special-purpose area under the Urban Management Plan. The land of this case is subject to a special-purpose area, and the special-purpose zone is designated as a development restriction zone. The land of this case is subject to a special-purpose area under the Urban Management Plan. After the partition date of the land before the division and the alteration of land category, the land of this case (the land of this case is subject to a special-purpose area, the land of this case is subject to a special-purpose area, and the land of this case is not subject to a special-purpose area, and is not subject to a special-purpose area, and the land of this case is not subject to a special-purpose area, but is not subject to a special-purpose area, but is not subject to a special-purpose area, and is not subject to a special-purpose area.

C. On June 29, 2015, the Plaintiff filed an application with the Defendant for a building permit to construct a 297 square meters of the site area and a 148.5 square meters of the building area on the instant land in light of the light-fluorries of the 148.5 square meters of the building area for the instant land (hereinafter “instant farm warehouse”).

(hereinafter “instant application”). 1. Although the land category is farmland, it is not only the land registered in the farmland ledger but also the actual farmland area as a result of on-site verification and aerial photography reading, the instant land cannot be deemed as “land used for farming.”

Therefore, the instant application is filed by Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 13670, Dec. 29, 2015; hereinafter “former Development Restriction Zones Act”) and Presidential Decree of September 8, 2015.

arrow