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(영문) 서울행정법원 2018.09.21 2018구합52310
개발행위허가 취소처분 등 취소
Text

1. Disposition rejecting an application for completion inspection of development activities filed by the Defendant against the Plaintiff on May 12, 2017, and development activities conducted against the Plaintiff on August 2, 2017.

Reasons

Details of the disposition

On June 9, 2014, the Plaintiff filed an application for permission for development activities and the Plaintiff filed an application for permission for development activities (hereinafter “instant development activities”) with the Defendant to construct multi-unit houses in Seodaemun-gu Seoul (hereinafter “instant land”), Seodaemun-gu, Seoul (hereinafter “instant land”).

However, on July 31, 2014, the Defendant rejected the instant development activities against the Plaintiff on the ground that “a green belt needs to be preserved, damage to surrounding landscape and damage to green areas may be cut off.”

On December 22, 2014, the Plaintiff filed a petition with the Seoul Special Metropolitan City Administrative Appeals Commission for revocation of the instant disposition of denial of development activities, and the Seoul Special Metropolitan City Administrative Appeals Commission revoked the instant disposition of denial of development activities on the ground that “In the event that the instant land is preserved as a green area in view of the current status of the instant land and its surrounding land and no development activities are permitted compared to the purpose of public interest to create a pleasant urban living environment, the restriction on property rights

On February 9, 2015, the Plaintiff purchased part of 32.54 square meters among C Forest Land 2,618 square meters (hereinafter “C land”) on February 9, 2015, and completed the registration of ownership transfer on February 10, 2015 with respect to the portion of 32.54/2,618 square meters among the above land.

On March 5, 2015, the Defendant demanded the Plaintiff to supplement the application for permission for development activities in this case. On March 10, 2015, the Plaintiff: (a) accepted some of the matters, such as “the road on the north north side and the access road to the project site, not the road on the side of the Dong (D Middle School); and (b) the cadastral boundary on the section of the donation section and the area of the land subject to donation; and (c) submitted a supplementary statement for deliberation and supplementation of development activities; and (d) the arrangement of each indication of attached Table 2 attached to the above supplementary statement (hereinafter “each arrangement map”).

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