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(영문) 창원지방법원 2019.11.28 2019구합51473
건축신고수리불가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On May 23, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities (construction of structures, change of the form and quality of land) deemed to be a building report on a building for solar power generation facilities (so-called solar power facilities) and a building report on one building area and the total floor area of 73.32 square meters, in order to install solar power generation facilities on the ground of 14,376 square meters of forest land B (hereinafter “instant application site”).

(hereinafter “instant building report”). B.

The Development and Planning Committee deliberated on permission for development activities deemed as the building report of this case, and rejected it on the ground that “the permission of development activities is likely to have a gradient high in the normal part of the mountain, and damage to the environment due to inappropriate level of banking, etc.,” and the Defendant rendered a disposition to return the building report of this case on April 2, 2018.

(hereinafter “previous Disposition”). (c)

The plaintiff filed a lawsuit seeking revocation of the previous disposition as the Changwon District Court 2018Guhap50695.

On December 12, 2018, the above court has a gradient high to prevent natural disasters.

The previous disposition was revoked on the ground that there is no evidence to acknowledge the grounds for the previous disposition that the applicant’s plan for filling up the ground for disposition is inappropriate, and ② the Defendant’s main roads and residential smuggling areas, which were added as the grounds for disposition in the previous disposition, were not stated in the previous disposition, and thus, it cannot be considered to judge the illegality thereof. The judgment became final and conclusive on January 3, 2019.

(hereinafter “previous Judgment”) d.

On January 30, 2019, the Defendant issued a disposition to again return the building report to the Plaintiff on the ground that the building report was not accepted due to the following reasons for non-permission for development activities.

(hereinafter “instant disposition”). A.

The planned site is located within 200 meters from the C Expressway and within 500 meters from the D Village, and is attached Table 1-2. of the Enforcement Decree of the National Land Planning and Utilization Act.

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