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(영문) 수원지방법원 2017.05.30 2016구합65610
용도변경허가신청불허가처분 취소
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 instant land is located near the land B (hereinafter “instant land”) owned by the Plaintiff, and its location constitutes limited protection zones (within 1km regarding explosives) under the Protection of Military Bases and Installations Act (hereinafter “Military Bases Act”). According to Article 13(1) of the Military Bases Act, where the head of an administrative agency grants permission for new construction or extension of a building, installation of a structure, and alteration of use of a building within a restricted protection zone, he/she shall consult with the Minister of National Defense or the commander of the jurisdictional unit, etc. (hereinafter “competent commander, etc.”).

B. On October 6, 2009, the Plaintiff requested consultation on the establishment or operation of the parking lot management office on the instant land, the automobile management office on November 17, 2009, the automobile-related facilities on November 16, 2010, and the agricultural machinery repair office on June 19, 2012, with the aim of establishing or operating each of the agricultural machinery repair stations for profit-making purposes. However, the head of the combat flight management office, who is the commander of the jurisdictional unit, requested consultation on the construction of the Air Force C&A head (hereinafter referred to as the “head of the combat flight group”), who is the commander of the jurisdictional unit, agreed

C. Accordingly, on November 1, 2012, the Plaintiff asserted that he would operate a farming machinery repair shop (a building with a building area of 198 square meters as a Class II neighborhood living facility; hereinafter the same shall apply) for non-profit purposes in the instant land, and requested consultation with the head of the combat flight group on November 1, 2012. On November 9, 2012, the head of the combat flight group gave conditional consent under the following conditions (hereinafter “instant conditions”). On January 21, 2013, the Defendant issued a building permit on the agricultural machinery repair shop (hereinafter “instant building permit”) by adding the same conditions to the Plaintiff.

1) An agricultural machinery repair association shall be organized, and profits shall be donated to the Village Development Fund: (a) The instant building shall be used for purposes other than agricultural machinery repair stores.

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