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(영문) 전주지방법원 2018.09.20 2017구합1817
건축불허가처분취소
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 April 7, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) to newly construct two-story detached houses (hereinafter “instant housing”) on the ground of 659 square meters of forest B in Gunsan-si (hereinafter “instant application site”) and the instant application site for permission to convert mountainous district for new purpose.

B. On June 2, 2017, the Defendant rendered a disposition rejecting the instant application from the Plaintiff for the following reasons (hereinafter “instant disposition”). A.

An inappropriate plan, such as under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act, [Attachment Table 1-2] of the Enforcement Decree of the same Act, which is constructed as development activities in accordance with the standards for permission for development activities,

(b) An inappropriate plan, such as that a building constructed according to the standards for permission for conversion of a mountainous district under Article 20 [Attachment 4] of the Enforcement Decree of the Management of Mountainous Districts Act is likely to cause an obstacle to the conservation of coastal forest ecosystems

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 6, Eul evidence 2, the purport of the whole pleadings

2. Whether the disposition of this case is legitimate or not) The plaintiff's assertion of this case is an unlawful disposition that misleads the facts or violates the principle of proportionality for the following reasons. Thus, it is an unlawful disposition that deviates from or abused discretionary power. (1) The housing of this case is merely the second floor, and there is no structure that is contrary to the surrounding scenery, and thus, it does not damage the surrounding natural scenery and aesthetic view.

2) The Plaintiff constructed by minimizing the problem of soil and sand outflow, etc., and planned to install a 43-meter U-type plane, sewage pipe, etc. around the building. As such, there is no risk that the instant application may hinder the conservation of the coastal forest ecosystem. Article 21 of the Urban Planning Ordinance at Gunsan City does not pose an obstacle to the conservation of the coastal forest ecosystem. 3) In the case of non-urban areas, where the average standing timber accumulation per hectares is below 150%.

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