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(영문) 창원지방법원 2016.09.06 2016구합290
개발제한구역내 건축불허가처분취소
Text

1. The Defendant’s disposition of non-permission of construction within a development restriction zone against the Plaintiff on July 9, 2015 is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 19, 2007, the Plaintiff obtained permission for a land transaction contract from the Defendant for a forestry use with respect to the land transaction contract for the land of 241 square meters in Changwon-si, Seoul Special Metropolitan City, which was located within the area subject to land transaction permission. C 152 square meters in a forest, and D forest land of 19,8

The Plaintiff purchased from E each of the above land and the above land and the F-source of Seongdong-gu, Changwon-si and 988 square meters of G orchard, and completed the registration of ownership transfer on January 7, 2008.

B. The details of the division and land category change of each of the above lands shall be indicated as follows:

(2) The land use area of the said land is a natural green area and a specific use zone. The land use area of the said land is a development restriction zone. The land prior to the division and alteration (the area of the said land is a natural green area and a specific use zone) is a land (the area of the said land is a development restriction zone. The land use area of the said land is a land with a land F-source of 701 square meters, G orchard of 701 square meters and 241 square meters of land B of 988 square meters, a land of 152 square meters, a forest of 152 square meters and 19,805 square meters prior to C on December 21, 2011, on December 21, 2011, a forest of 152 square meters D forest and 17,650 square meters prior to the division and alteration, and a land use area of the said land is a forest and forest of 67 square meters prior to the division and alteration, and a 27684164 square meters prior to the land.

C. On June 29, 2015, the Plaintiff filed an application for a building permit with the Defendant to construct a farm warehouse of 297 square meters of land area and 148.5 square meters of building area on the instant land. D.

On July 9, 2015, the Defendant rendered a disposition of non-permission to construct within a development restriction zone on the following grounds to the Plaintiff:

(hereinafter “Disposition in this case”). 1. Review of relevant data, such as the farmland ledger concerning the new construction of the Plaintiff’s farm warehouse (actual water and store for agricultural equipment) filed for the instant land within our development restriction zone, the instant land is not registered in the farmland ledger. Accordingly, as a result, on-site verification for confirmation of farming activities and aerial photography perusal, etc., the instant land is farmland only land category and cannot be deemed land for farming because there is no actual farming, etc., and thus, it is below the Act on Special Measures for Designation and Management of Development Restriction Zones.

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