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(영문) 서울행정법원 2017.12.21 2017구합78483
시정명령처분취소
Text

The corrective order issued by the Defendant to the Plaintiff on July 28, 2017 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is the owner of Gangdong-gu Seoul Metropolitan Government B Miscellaneous land B located within a development restriction zone (hereinafter “instant land”).

B. The instant land is used as a site for sand, camping site, and brick factory, and is used as a raw water tank and container storage yard in accordance with the Defendant’s permission of piling up goods around September 2006, and is naturally becoming a site without any separate artificial construction process for vehicle traffic, etc.

From May 2017, the Plaintiff changed the shape of the instant land or did not install any facilities on the instant land, and used the instant land as a parking space, such as tourist buses.

C. On July 27, 2017, the Defendant confirmed and confirmed the site where the instant land is used as a parking lot for buses, etc. as above, and ordered the Plaintiff to restore the instant land to its original state by August 27, 2017, based on Articles 30(1)1 and 12(1)4 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”) on the ground that “the instant land was used as an off-road parking lot without obtaining permission for changing its form and quality,” on July 28, 2017.

(hereinafter referred to as “instant corrective order”). 【No dispute exists, Gap’s entries, 3, 7, 11, 12, and 14, Eul’s evidence Nos. 4, and the purport of the whole pleadings.

2. Whether the corrective order of the case is lawful

A. The Plaintiff’s assertion that the Plaintiff’s use of the instant land as a parking space, such as tourist buses, without any change in the shape of the instant land, does not constitute “change in the form and quality of the land,” which is the subject of permission. Therefore, the instant corrective order is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. 1) Article 12(1) of the Development Restriction Zone Act provides that an act, such as changing the form and quality of land, may be conducted within a development restriction zone.

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