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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2014.12.11 2014누11180
건축신고 수리불가 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On September 3, 2013, the Plaintiff filed a building report (hereinafter “instant building report”) with the Defendant, on September 3, 2013, including permission for the development of complex civil petitions, permission for the diversion of farmland, etc. in the form of complex civil petitions, in order to construct Class I neighborhood living facilities (hereinafter “instant building”) with the light metal structure of which 96.93 square meters is 5 square meters on the ground area on the land of 585 square meters (hereinafter “the instant application site”).

B. On October 11, 2013, the Defendant issued a disposition not to accept the instant building report on the ground that “The construction report is an area promoting “a project for the conservation of the natural environment and the creation of a forest recreation space” to which the application for the construction report was filed, and if a building is newly constructed, it would lead to continuous development pressure as a precedent for development due to various development activities at a tourist masters preserved and managed during the construction period, and would pose a substantial obstacle to the promotion of the project for the river tending.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The facts without dispute, Gap’s evidence Nos. 1, 2, 4, and 5, Eul’s evidence No. 1-1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is obligated to accept a construction report unless there exist grounds for restriction under the Building Act or relevant Acts and subordinate statutes, and since the designation of a tourism and resort development promotion district with respect to the whole area including the instant application site was de facto interrupted after cancellation of July 2011, the instant construction report cannot be a ground for rejection of the instant construction report. The river gale valley has already been frequent and frequent traffic of people and vehicles, and the instant application site is located in the place adjacent to the parking lot prior to the commencement of mountain, and land is national land.

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