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(영문) 춘천지방법원 2016.02.17 2015구합5137
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 28, 2014, the Plaintiffs filed an application for permission for development activities (land form and quality change) (hereinafter “instant application”) with respect to the total area of 7,761 square meters with respect to a small camping site (hereinafter “instant camping site”) on the ground of Gangseo-gu, Yangwon-gun, and seven parcels (hereinafter “instant application site”). A. The Plaintiffs filed an application with the Defendant for permission for development activities (hereinafter “instant application”).

Permission for development activities can be in conformity with the criteria for permission for development activities under Article 58(1) of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act, for the prevention of poor development of national land and planned management of national

B. The filing of the instant application is located at the top of the typical rural village of a clean rural village where natural landscape and ecosystem are well preserved, and there are environmental problems, such as unauthorized discharge of sewage and excess of the water quality standards for discharged water, etc. caused by a small river from the site of the instant application. In particular, the filing of the instant application is unlikely to meet the standards for permission for development of environmental pollution, etc. caused by water pollution, such as concerns over environmental pollution, etc. due to the occurrence of water pollution, etc., if wastewater flows into the upper stream of a fish plantation where a small river is used as water upon obtaining permission for running water from the downstream from the downstream to the downstream from 2006.

C. The plaintiffs acquired the qualification certificate for acquisition of farmland for the purpose of agricultural management in 2012, and acquired the instant land for the purpose of agricultural management without agricultural management in 2013, and the restoration plan was to be used as excellent farmland in the restoration plan even at the time of restoration without agricultural management. The plaintiffs want to engage in development activities for the purpose of creating a camping site without agricultural management is judged to be in violation of the purpose of the restoration plan and thus, it is non-permission.

B. Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Enforcement Decree of the same Act on January 9, 2015.

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