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(영문) 수원지방법원 2018.01.23 2017구합67019
건축신고(신축)신청불허가처분취소
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 July 23, 2014, the Plaintiff purchased 376 square meters in Ansan-si B (hereinafter “instant land”) and completed the registration of ownership transfer in its name on August 20, 2014.

B. On January 26, 2016, the Plaintiff filed a first building report (including permission for development acts) with the content that the Plaintiff newly constructs one warehouse for agricultural and fishery products in the 1st floor with a total floor area of 36 square meters on the instant land.

C. On February 12, 2016 and March 3, 2016, the Defendant demanded the Plaintiff to supplement “a comprehensive traffic plan,” including the establishment of additional farmland, securing of additional farmland, and sewage treatment plan, etc., but the Plaintiff failed to implement the plan. The Defendant returned the said report on March 21, 2016.

On June 13, 2016, the Plaintiff is the Defendant.

On July 13, 2016, the second building report was made on the same contents as the entry in the port, and was withdrawn on July 13, 2016 due to the inevitable circumstances of the principal.

E. On October 25, 2016, the Plaintiff filed a third building report (including permission for development acts; hereinafter “instant report”) with the purport of newly constructing storage facilities for agricultural and fishery products of light steel structure (hereinafter “instant warehouse”) with a building area of 36 square meters without vehicle access to the instant land to the Defendant.

Details of nonpermission (Evidence A 1)

(a)The above areas need to be preserved in the natural environment, scenery, forest and green space in the city, where the specific use area is designated as the green conservation area in accordance with the urban planning, and our city green conservation area is designated as the green conservation area as of March 23, 197.

B. In terms of the maintenance and management of green belt conservation, the following are strictly restricted and managed as of July 8, 1993 (No. 31 of the Busan City Notice) and March 23, 2001 (No. 17 of the Busan City Notice).

C. However, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the former Building Act January 17, 2017.

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