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(영문) 광주지방법원 2015.08.13 2015구합295
건축불허가처분취소
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 November 11, 2014, the Plaintiff filed an application with the Defendant for a permit to convert farmland and for a permit to engage in development activities on the ground of 1,245 square meters among the 1,981 square meters and C 1,255 square meters (total 2,50 square meters; hereinafter “the instant application site”) among the 1,981 square meters and C 1,955 square meters owned by the Plaintiff, the Plaintiff also filed an application with the Defendant for a permit to convert farmland and for a permit to engage in development activities.

B. On December 4, 2014, the Defendant rendered a disposition of non-permission of construction (hereinafter “instant disposition”) to the Plaintiff for the following reasons.

- Grounds for non-permission - An area that needs to be preserved as excellent farmland pursuant to Article 22 (1) 3 of the Urban Planning Ordinance at the time of leisure trees (Standards for Permission for Development Acts). The fact that there is no dispute [based on recognition] that does not meet the standards for permission for development acts, the entries in the items of subparagraphs 1 and 2, and the purport of the whole pleadings, as a whole, where farmland to be converted to satisfy the standards for examination of permission for diversion of farmland under Article 37 (2) 1 of the Farmland Act and Article 33 (Examination of Permission for Diversion of Farmland) of the Enforcement Decree of the Farmland Act is established, or where it is necessary to preserve it as excellent farmland as

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. In full view of the fact that the Plaintiff’s alleged land is not currently used as farmland, and thus need not be preserved as farmland, and that granting a building non-permission only to the instant land is an infringement of the principle of equality, even though lodging facilities, detached houses, warehouses, car industry companies, etc. are constructed on the neighboring farmland meeting the same conditions as the instant application site, the instant disposition is erroneous in the misapprehension of discretionary authority.

(b) Entry in the attached Form of relevant statutes;

3. Whether the instant disposition is lawful

A. The relevant legal doctrine does not exceed the National Land Planning and Utilization Act.

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