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(영문) 의정부지방법원 2020.01.16 2018구합2884
건축허가불가처분취소
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. On July 18, 2018, the Plaintiff filed an application for permission for development and a report on the permission for and consultation on the diversion of farmland with a view to newly constructing one funeral facility (hereinafter “instant funeral facility”) with a total floor area of 471.75 square meters, building-to-land ratio and floor area ratio of 19.95 percent, total floor area of 1,046.79 square meters on the ground of B 2,364 square meters (hereinafter “the instant application site”).

1. The purpose of the Building Act is to contribute to the promotion of public welfare by improving the surrounding environment and aesthetic view pursuant to Article 1 of the Building Act; however, the application in this case may interfere with citizens’ leisure life due to adjacent to C, which is a public sports facility, and it does not conform to the purpose of the Building Act (construction and opinion), such as that it may allow users to refuse the application in this case;

2. The filing of the instant application is adjacent to the sports park used by the majority of the residents, and multiple apartment complexes and school facilities are located around 300 meters, and in particular, the surrounding aesthetic view is damaged due to the development of funeral parlors, and the use of the surrounding land is highly likely to seriously undermine the living environment of the majority of the residents. The purpose of the use of the surrounding land is not significantly consistent with the main usage form and the surrounding area due to neighborhood living facilities, sports facilities, apartment houses, and farming. Considering the above, taking into account the above comprehensively, it does not conform to the criteria for permission for development activities under attached Table 1-2 of Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

3. As a result of the examination of a project plan and a land utilization plan, the realization of the purpose of farmland diversion is low, compared to the scale of the project, and the diversion area is deemed improper, as the request for consultation on farmland diversion is made to create a funeral site in the farmland within the natural green area adjacent to C, which is adjacent to C.

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