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(영문) 수원지방법원 2019.01.10 2018구합68842
개발행위불허가처분취소
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 January 16, 2017, the Plaintiff purchased 2,790 square meters in common with C in Suwon-si, Suwon-si, Suwon-si, and completed the registration of ownership transfer with respect to 1,101/2,790 shares in the above land (294/2,790 shares in money, C) on March 17, 2017.

B. On May 29, 2018, the Plaintiff filed an application with the Defendant for permission for the division of 1,101 square meters of the above land (hereinafter “instant land”) and development activities (such as changing the form and quality of land and dividing land) regarding the creation of sites for Class 1 and Class 2 neighborhood living facilities (retail stores and offices) on the said ground (hereinafter “instant application”).

C. On July 18, 2018, the Defendant, as a result of the July 18, 2018 Suwon City Urban Planning Committee’s 7th of the filing of the instant application, submitted opinions on the review of the following: “In order to prevent any disorderly urbanization and preservation of farmland in the relevant area as a production green area with a group of farmland, and to prevent any increase in social costs, such as economic feasibility, in establishing the urban planning in the future from a difficult development and long-term perspective due to industrial development activities, the Defendant notified the Plaintiff of the result of the consultation on July 27, 2018.”

(A) No. 6. D.

On August 6, 2018, the Defendant rendered a non-permission disposition (No. 1; hereinafter “instant disposition”) with respect to the instant application on the ground that the instant application is “not later than the completion of the establishment of a comprehensive plan in accordance with the result of the advice of the Sin-si Urban Planning Committee, pursuant to Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

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