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(영문) 수원지방법원 2018.11.15 2018구합67108
주택건설사업계획승인거부처분취소
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. The Plaintiff is a corporation established on August 4, 201 for the purpose of building work business, engineering work business, housing construction business, etc.

B. On November 29, 2017, the Plaintiff filed an application for approval of the housing construction project plan with a view to implementing the housing construction project (a total floor area of 8,365.07 square meters, floor area ratio 289.74%, and multi-family housing 80 households) within 10 square meters (hereinafter “instant site”).

C. On February 27, 2018, the Defendant notified the Plaintiff of the refusal of the Plaintiff’s above application on the following grounds:

(이하 ‘이 사건 처분’이라고 한다). ▣ 불가사유 이 사건 부지는 C지구 개발계획 승인시 계획된 공동주택부지의 잔여부지로서 개발계획 수립시 계획된 공동주택부지의 세대수를 초과하는 등 C지구 개발계획 내용에 부합하지 않는 사항임

D. The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Gyeonggi-do Administrative Appeals Commission on March 28, 2018, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on July 2, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case in this case should be revoked due to the following reasons.

1. On September 23, 2002, the instant site clearly expressed the intention to manage the instant site as an urban area, not a quasi-urban area, by changing it from a quasi-urban area to a quasi-urban area, by the decision of the change of the DUU city planning zone announced by the Ministry of Construction and Transportation. The Act and subordinate statutes on the management of the instant site changed from the Act on the Utilization and Management of the National Territory to the Urban Planning Act, and therefore, the C district development plan formulated by the

Nevertheless, this development plan was based on the invalidated development plan.

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