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(영문) 수원지방법원 2020.08.20 2019구합65475
건축허가신청반려처분취소
Text

1. On November 6, 2018, the Defendant’s cemetery-related facilities and Class I neighborhood living facilities with respect to the Plaintiffs.

Reasons

1. Facts that there has been no dispute over the disposition;

A. According to Article 36(1)1(d) and (2) of the Act on Planning and Utilization of National Land Planning and Utilization in Green Conservation Areas (hereinafter “the Act”) owned by the said Plaintiff from the Defendant on September 2015, Article 30 Subparag. 4(a) of the Enforcement Decree of the said Act (hereinafter “Enforcement Decree”), Plaintiff A is required to preserve green areas in order to protect the natural environment, farmland and forests, health and sanitation, security, and prevent any disorderly expansion of cities among urban areas, and is an area designated as an area in need of conservation of the natural environment, scenery, forest, and green space in the city by the determination of an urban and Gun management plan, 496С of C, 6, 694§³ of 4,494 square meters (hereinafter “the total area of two land” is 4,960 square meters of 4,990 square meters of 2,490 square meters of land (hereinafter “the instant land”) and 1700 square meters of land and 2740 square meters of m of the site (hereinafter “the instant land site”).

Article 31 subparagraph 14 of subparagraph 14 of Article 31 and subparagraph 2 (k) (l) of attached Table 14, and subparagraph 4 of attached Table 14, (1) Class I neighborhood living facilities (Article 1 subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act) of which the total floor area used for the relevant purpose is less than 500 square meters.

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