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(영문) 제주지방법원 2017.01.11 2016구합5321
건축신고불가처분취소
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 September 21, 2015, the Plaintiff filed a building report (hereinafter “instant building report”) with the Defendant on September 21, 2015, in order to newly construct the two-story detached houses (hereinafter “instant building”) on the ground of B forest land No. 3015 square meters (hereinafter “instant land”).

B. On January 22, 2016, Jeju Mayor permitted the Plaintiff to open private roads (hereinafter “instant private roads”) on the nine ground owned by the Plaintiff as access roads following the new construction of the instant building on the ground of the nine land owned by the Plaintiff, and publicly announced the same.

C. However, on March 3, 2016, the Defendant rendered a disposition that did not accept the instant building report for the following reasons (hereinafter “instant disposition”).

1. Whether the farmland for which the farmland diversion was not due (hereinafter referred to as "the ground for disposition No. 1 of this case") had resided in the Do for at least one year while residing in the Do after the acquisition of the farmland in question (Article 2 (5) 1 of the Jeju Special Self-Governing Province Ordinance on Farmland Management): B (the date of acquiring farmland: July 6, 2015) - Article 11 (5) 6 of the Building Act that the permission for the diversion of the part of the permission for the diversion of private road is inappropriate as the permission for the diversion of the farmland in consultation

2. Grounds for non-permission for development activities (hereinafter referred to as “grounds for non-permission for development activities”, and Article 24(1) and [Attachment Table 1] of the Urban Planning and Utilization Act are likely to damage the surrounding natural scenery and aesthetic view due to development activities, and there are concerns that environmental pollution caused by soil pollution, noise, vibration and dust, etc., destruction of the surrounding area and the occurrence of danger and injury to the surrounding area (Article 56 of the National Land Planning and Utilization Act and Article 24(1) and

D. The Plaintiff filed an objection against the instant disposition, but the Defendant dismissed the said objection on April 1, 2016.

E. The Plaintiff filed an administrative appeal against the above dismissal decision, but the Jeju Special Self-Governing Province Administrative Appeals Commission filed an appeal against the Plaintiff on August 25, 2016.

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