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(영문) 의정부지방법원 2016.11.08 2015구합47
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On December 17, 2010, Pakistan, a conservation and control area, filed a construction report on the construction of the second class neighborhood living facilities (office) and five buildings with a total floor area of 790 square meters in size for the purpose of storing agricultural products (the legal fiction of permission for conversion of mountainous district) on the second class neighborhood living facilities (office) and three lots (hereinafter “instant forest”). On June 23, 2011, the building owner was changed from C to the Plaintiffs.

B. After completion of the commencement report on October 30, 201, the Plaintiffs created a part of the site, such as installing a concrete retaining wall, etc., but the Plaintiffs immediately ceased to perform construction works with any content different from the original design drawing, and the period of permission for mountainous district conversion was terminated on December 16, 2012.

C. On February 11, 2014, the Plaintiffs changed the design drawing in line with the construction work completed in relation to the instant forest, and applied for permission to engage in development activities for the purpose of creating sites for agricultural products storage (hereinafter “instant application”). However, on February 20, 2014, the Defendant filed an application for permission to engage in development activities for the purpose of creating sites for agricultural products storage (hereinafter “instant application”). (i) The instant forest as a conservation management area cannot exceed five meters from the vertical height of the slope when the forest as a conservation area is filled for the purpose of conservation pursuant to Article 58(3) of the National Land Planning and Utilization Act, and even if it is impossible to install the double retaining wall, the vertical height is above the maximum of 13 meters, and it does not meet the standards for permission to engage in development activities.

② Although a road width is secured from a statutory road on the scale of business to the forest of this case, it is planned to use a road of 3 to 4 meters in width without a road securing plan, and it is highly likely to interfere with the smooth flow of traffic in the future, and is not in conformity with the criteria for permission for development activities prescribed in Article 58 of the National Land Planning and Utilization Act and Article 56 [Attachment Table 1-2] of the Enforcement Decree of the same Act.

(3) The initial permission for mountainous district conversion.

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