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(영문) 수원지방법원 2016.09.02 2015구합3080
개발제한구역내행위허가(물건의적치)신청반려처분취소
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 Plaintiff owns the real estate indicated in the separate sheet (hereinafter “each land of this case”).

B. Each of the instant land is located within a development restriction zone, and the Plaintiff obtained permission from the Defendant on February 15, 2014 through October 31, 2014 to remove goods on each of the instant land, from the Defendant, to October 31, 2014, to obtain permission to engage in an act in a development restriction zone within which goods can be stored on each of the instant land. On October 8, 2014, the Plaintiff obtained permission to extend the said permission until October 7, 2015.

C. On September 23, 2015, the Plaintiff filed an application with the Defendant for permission to extend the storage of goods for 12 months from the date of permission for each of the instant land. D.

On October 13, 2015, the defendant rejected the plaintiff's application for permission for the act of each of the lands of this case for the following reasons:

(hereinafter referred to as “instant disposition”). The reasons for return - The purpose of development restriction zones is to prevent any disorderly expansion of cities, to conserve the natural environment surrounding cities, and to ensure the healthy living environment for urban citizens.

A development restriction zone provides that all permissions are restricted as a restricted area or permitted by the head of a Si/Gun/Gu, and this is not an exceptional permission.

- The loading of goods in a development restriction zone is required to be permitted only for such things and periods as determined by the Presidential Decree, and the period is also 12 months and requires a new review at each time of permission with limited permission which is not permanent.

- The land of this case, upon application for a thickness, will be disposed of on the ground that it is necessary for the public interest to provide a pleasant environment and conserve natural scenery at a place where many park visitors visit and have good farmland in the vicinity, as a first entry into the intersection between D Expressway and E and the Fecological Park.

grounds for recognition.

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