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(영문) 수원지방법원 2018.09.13 2018구합64932
건축물 용도변경 불허가처분 취소
Text

1. The Defendant’s disposition of non-permission to change the use of a building against the Plaintiff on January 29, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 10, 2016, the Plaintiff was killed in D-Eup from B to D-Eup on December 2017, 2017.

C 1,104 square meters (hereinafter “instant land”) were permitted to engage in development activities (such as change of land form and quality) with respect to the following contents:

[Matters to be permitted] The creation of a site for Class II neighborhood living facilities (manufacturing facility-2 and similar food manufacturing business) for the purpose of 7,082 1,104 for the aggregate of 7,082 Mari-ri, E-ri, E-ri, Mari, a land lot number and a cadastral area (Mari-Mari-Mari)

B. In accordance with Article 57(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), the condition that the use of the relevant building should not be changed (excluding any change between buildings that can be constructed pursuant to the provisions of paragraph (1) 1-2(c) through (e)) (hereinafter “requirements for Prohibition of Change of Use”) was imposed on the ground that the said development activity was permitted without deliberation by the Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act at the time of the said development activity permission (hereinafter “National Land Planning Act”).

the certificate of title 2,

2. Terms and conditions of permission:

(a) paragraph 11 (c) of the General Conditions;

After that, on November 13, 2017, the Plaintiff obtained approval for the use of Class II neighborhood living facilities (manufacturing facility; hereinafter “instant building”) constructed on the instant land.

(A) No. 6. D.

On December 13, 2017, the Plaintiff filed an application with the Defendant for permission to change the purpose of the instant building to “the Class II neighborhood living facilities (manufacturing Facilities)” (hereinafter “instant application”) related to graveyard facilities (hereinafter “instant facilities”).

(A) No. 7). (e)

On January 25, 2018, the Defendant followed the procedure for deliberation by the National Land Planning and Utilization Committee pursuant to Article 59 of the National Land Planning and Utilization Act with respect to the instant application, and as a result, the Urban Planning Committee rejected the instant application by the Plaintiff.

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