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(영문) 창원지방법원 2019.05.23 2017구합51813
건축허가처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Case history

A. Defendant B and C are jointly owned with the area of 98,952 square meters of land D, Chang-gun, Gyeongnam-gun.

B. On November 16, 2015, Defendant C applied for the designation of land to be reclaimed with a view to cultivating fruit trees by creating farmland on the 4,600 square meters of the above land (hereinafter “instant land”) pursuant to Article 7(2) of the Rearrangement of Agricultural and Fishing Villages Act to the head of Si/Gun having jurisdiction over Defendant C.

C. On December 2, 2015, pursuant to Article 9(2) of the Rearrangement of Agricultural and Fishing Villages Act and Article 9 of the Enforcement Decree of the same Act, the head of Si/Gun has selected the instant land as land subject to clearing, and has given public notice thereof pursuant to Article 9(3) of the same Act (hereinafter “instant public notice”), and the details of the public notice are as shown in attached Form 3.

On the same day, Defendant C selected the instant land as a land subject to clearing and publicly announced its content. Accordingly, the head of Si/Gun reviewed the opinions of the objectors raised during the period of filing an objection (from December 1, 2015 to January 1, 2016), and the consultation opinions of other departments, and notified Defendant C that the implementation plan for the reclamation project is formulated and the implementation plan for the development project is to be shipped out.

Accordingly, around January 2016, Defendant C applied for approval of the implementation plan for the development project with the project plan, etc. to the head of Chang Chang-si Gun.

On January 22, 2016, Defendant Saun Chang-gu approved and publicly notified an implementation plan for the reclamation project as listed below, and subsequently approved and publicly notified the modification of the project plan to extend the project period following several times.

DE E C

E. Defendant C received permission to convert a mountainous district and a report on the conversion of a mountainous district, and notification on the receipt of a report on installation of a private sewage treatment facility, and thereafter built the instant land.

F. Meanwhile, the Plaintiff, while residing in the Gyeong-gun F, Chungcheongnam-gun located below approximately 200 meters away from the instant land, cultivated crops on the following scale: 2,820 square meters, H field 3,144 square meters, I field 2,002 square meters, J field 1,507 square meters.

[Reasons for Recognition] A without dispute, Gap 1-5, Eul 1-13, the entire purport of the pleading

2. The place where the lawsuit of this case is legitimate

A. The plaintiff's assertion.

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