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(영문) 대구고등법원 2019.01.11 2018누3975
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On June 14, 2017, the Plaintiff filed an application for each building permit (hereinafter collectively referred to as “each of the instant applications”) with the Defendant to newly construct one stable (the 1st floor on the ground level, the building area of 2,039.25 square meters, the total floor area of 4,390.72 square meters) and one compost (the 1st floor on the ground level, the building area of 340 square meters, the total floor area of 340 square meters), and one stable (the 1st floor on the ground level, the 2,097.12 square meters on the ground level, the total floor area of 4,201.74 square meters) on the ground of 40,005 square meters of forest land in the Gyeong-gun-gun, Chungcheongnam-do (hereinafter referred to as “the instant application site”), and each of the instant buildings collectively referred to as “each of the instant buildings”).

B. On November 2, 2017, the Defendant requested the Plaintiff to supplement the following matters (hereinafter “instant supplementary matters”) by November 17, 2017 with respect to each of the instant applications by November 2, 2017. A

Matters to be supplemented for consultation on conversion - Permission for access roads for conversion of a preserved mountainous district shall be limited to the category of roads, and the current status of access roads for D farm land which is access roads for the relevant forest shall be secured after permission for opening a private road under the Private Road Act, and the time for applying for conversion of a mountainous district shall be prior

B. Supplementary matters related to the Building Act - The term “road” under Article 2(1)11 of the Building Act means a road with a width of at least four meters for pedestrian and motor vehicle traffic, for which a public notice of new construction or alteration is given pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, and other relevant Acts and subordinate statutes, and the term “road” means a road with a width of at least four meters, for which a public notice of new construction or alteration is given, and the term “road” means a road with a location for a building permit by supplementing the land owner’s written consent pursuant to Article 45 of the Building Act.

C. On November 21, 2017, the Defendant filed each of the instant applications with the Plaintiff on November 21, 2017 due to the failure to submit supplementary documents despite the notification of the instant supplement.

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