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(영문) 의정부지방법원 2019.07.18 2018구합13273
건축허가신청반려처분취소
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. The Plaintiff is the owner of C forest land 4,970 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si.

B. On September 19, 2017, the Plaintiff filed an application with the Defendant for a construction permit that includes permission for development and permission for mountainous district conversion on the ground of 827 square meters among the instant land in order to construct a house (32.06 square meters in the stairs room of the first floor on the ground, and 217.74 square meters in the first floor on the underground, a single-story house; hereinafter “instant building”).

(hereinafter “instant application”). Grounds for non-permission

(a) Article 56 (1) [Attached Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provides for matters concerning the criteria for permission for development activities, the guidelines for operation of development permission, and the criteria for permission for development activities under Article 21 [Attached Table 1] of the Ordinance on the Urban Planning in Southern-si, Seoul-si, concerning the objects, procedures, standards, etc. for permission for development activities, and determination of whether to grant permission in consideration of the appropriateness of plans, the securing of infrastructure, harmony with surrounding landscapes

(b) In the case of the relevant site, it is inappropriate to construct a detached house, such as anticipated hazards to the surrounding area at the time of creating a site for a detached house, likelihood of undermining the surrounding landscape and aesthetic view, risk of traffic accidents to the users of bicycle lanes, and anticipated excessive

C. It is not consistent with the operational principles of permission to engage in development activities to prevent difficult development and promote planned management of land in consideration of harmony with surrounding landscape and environment, which lacks validity of application for development activities.

In addition, documents related to the report on installation of private sewage treatment facilities (the omission of drainage systems and the confirmation of design specifications of sewage treatment facilities) and information and communications construction projects under Article 35 (1) of the Information and Communications Construction Business Act were not submitted, and the boundary of an area subject to permission has not been indicated in books pursuant to Article 10 (7) of the Enforcement Rule of the Management of Mountainous Districts Act, and the table and table prepared in accordance with Article 10

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