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(영문) 춘천지방법원 2018.02.02 2017구합51202
건축허가신청반려처분취소
Text

1. On July 24, 2017, the Defendant’s revocation of the provisional injunction against the Plaintiff for building permission.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 16, 2017, the Plaintiff filed an application with the Defendant for a construction permit to newly construct a funeral hall of 2,112 square meters in total floor area and the funeral hall of 4 stories above ground (hereinafter “instant funeral hall”) on the ground in Chuncheon-si B (hereinafter “instant application site”).

(hereinafter “instant application”). A.

The above application form is a green-belt area within an urban area under the National Land Planning and Utilization Act and the Chuncheon City Urban Management Plan pursuant to Article 36 (Designation of Specific-Use Area) of the same Act and Article 30 (Subdivision of Specific-Use Area) of the Enforcement Decree of the same Act, which requires the conservation of green-belts in order to protect the natural environment, farmland and forests, health and sanitation, supplement, and prevent any disorderly expansion of cities. A green-belt area subdivided into green-belts is an area where restrictive development is allowed only in inevitable cases, for the sake of securing green-belts, preventing urban proliferation, supply of future city sites, etc.

B. In addition, the above application for a building permit is subject to deliberation by the Urban Planning Committee of Chuncheon under Article 59 of the same Act and Article 57 of the Enforcement Decree of the same Act, and the landscape of C and D may be applied for as a result of deliberation, and a village district is formed in the surrounding areas. The surrounding areas are restricted to development restriction zones, water supply protection zones, etc., and regional development is relatively backward, and there is an eco-friendly E creation plan in the surrounding areas. E is likely to undermine future industrial development and public interest of Chuncheon, if a funeral hall is located as a project which is the purpose of creation of a sustainable residential environment by creating a master city, and it is rejected due to the reasons such as inappropriate location in consideration of the surrounding environment or use such as the impairment of the residential environment and residential development of local residents.

(c)Articles 36 and 36 of the same Act;

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