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(영문) 수원지방법원 2019.01.22 2018구합69654
용도변경허가 신청 반려 취소 청구의 소
Text

1. On July 18, 2018, the Defendant’s disposition of rejection of an application for change of use filed against the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are the persons who newly construct and own a detached house of a total floor area of 455.97 square meters on the ground of 2,95 square meters on the land of the Sinnam-si, Sungnam-si (hereinafter “instant land”).

B. On May 3, 2018, the Plaintiffs filed an application with the Defendant for a permit to change the purpose of the instant building from a detached house to a Class I neighborhood living facility (retail store) (hereinafter “instant application”).

C. On July 18, 2018, the Defendant rejected the instant application from the Plaintiffs on the ground that they failed to submit supplementary documents as follows (hereinafter “instant disposition”).

[Supplementary Documents] Matters not submitted] The submission of a plan for connection of public sewerage based on the Sewerage Act (hereinafter “the ground for disposition No. 2”) - The non- C non-public land is a matter permitted and completed as a detached house pursuant to Article 22 subparagraph 1 (c) of the Urban Planning Ordinance (hereinafter “instant Ordinance”) to an area where infrastructure is not installed, and the permission for development of Class 1 neighborhood living facilities in the area where there is no initial public sewerage, is not permissible pursuant to subparagraph 2 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) and subparagraph 1 (c) of Article 22 of the instant Ordinance. Thus, the submission of a plan for connection based on the installation of Class 1 neighborhood living facilities in accordance with subparagraph 2 of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) and Article 22 subparagraph 1 (c) of the instant Ordinance is a matter of non-permission for the current purpose of use of Class 1 neighborhood living facilities.

D. In the instant building, a private sewage treatment facility (50 cubic meters/one day) is installed. The expected amount of sewage generated at the time of the change of the use of the instant building is within the scope of the sewage treatment quantity of the said private sewage treatment facility.

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