logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.12.17 2015구합51358
건축허가신청반려처분취소
Text

1. On February 9, 2015, the Defendant: (a) on February 9, 2015, pertaining to the Seopo-ri 356-86 square meters in Yangpo-si, Seopo-si, Kimpo-si, Hanpo-si, Korea.

Reasons

1. Details of the disposition;

A. On December 1, 2014, the Plaintiff filed a building report with the Defendant on the second class neighborhood living facilities (agricultural products treatment manufacturing business) on the ground of the 356-86m2 (hereinafter “instant land”).

(hereinafter “instant report”). (b)

On February 9, 2015, the Defendant returned the instant report on the ground that the land (hereinafter “land for entry into and exit from the instant case”) was designated and publicly notified as buffer green areas on September 30, 2004, which was planned to enter and exit from the instant report on February 9, 2015, and was established as a temporary road to enter and exit agricultural, forestry, etc. in the vicinity of an industrial complex. As such, the Defendant cannot grant permission to occupy and use the land as a road under the Building Act pursuant to Article 4 of the Guidelines on Permission to Occupy and Use Urban Park Greenbelts.

(hereinafter “Disposition in this case”) / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant land is connected to the land for entering into the instant road, which is used as a concrete package, and meets the adjoining requirements under the Building Act, and the permission to occupy and use a green area is not required, and thus, the instant land satisfies the requirements for the building report, even if the land for entering the instant land did not meet the requirements under the Building Act, it does not interfere with entry into the instant land through the instant land for entering the road.

(b) Attached Form of relevant statutes;

(c)The main sentence of Article 44(1) of the Building Act provides that the site of the building is excluded from the roads where not less than 2m of the site is used for only the passage of automobiles.

section 22(3).

The proviso to the same paragraph provides that "However, there is no obstacle to access to the building."

arrow