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(영문) 의정부지방법원 2015.10.27 2015구합320
개발행위 불허가처분 취소
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 December 16, 2014, the Plaintiff filed an application with the Defendant for permission to engage in development activities for housing site creation (hereinafter “instant application”) on the ground of B 703 square meters (hereinafter “instant land”).

B. On December 24, 2014, the Defendant rejected the Plaintiff’s application for permission for development activities on the following grounds.

(2) Article 58 of the National Land Planning and Utilization Act and Article 56 [Attachment Table 1-2] of the Enforcement Decree of the same Act are inappropriate for the following reasons: (a) The applicant filed an application for permission to engage in development activities for the purpose of building a site for a detached house; (b) there is no access road, water supply and drainage system, etc.; (c) there is a possibility that the surrounding areas may cause any disorderly development into surrounding areas, such as a group of farmland and a chain diversion of neighboring farmland at the time of diversion of the site; and (d) there is a lack of occupation and use for use as a road as a buffer green belt area under the Building Act (hereinafter “instant disposition ground for Disposition 1”); and (d) there is no need for the application for permission to engage in development activities for the purpose of building a site for a detached house; and (e) there is no need for the application for permission to engage in development activities for the purpose of building a new farmland for the purpose of cultivating agricultural products as farmland within a production management area; and (e) there is no room for the application for new construction of farmland for the purpose of Article 13 (3).

2. Whether the instant disposition is lawful

A. As to the ground for the first disposition of the Plaintiff’s assertion 1.

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