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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 September 22, 2016, the Plaintiff filed a construction report, including permission for development activities, permission for and reporting on mountainous district conversion, and permission for opening private roads, with a view to newly constructing two single-story houses on the ground of reinforced concrete structure of 116.42 square meters in the building area on the ground of Jeju-si Land (hereinafter “instant land”).
(hereinafter “instant report”). B.
On November 3, 2016, the Defendant notified that the instant report was rejected due to the following reasons.
(hereinafter “Disposition in this case”). 1. Reasons for not granting permission for development activities (hereinafter “instant disposition”) - The filing site is an area with priority in conservation rather than a conservation management area designated by the municipal ordinance of Jeju Special Self-Governing Province, and most surrounding land is in need of protection and conservation of the natural environment in undeveloped state. Thus, if permission for development activities is granted in this area, it is judged that the damage to natural landscape and the environmental destruction due to continuous development may accelerate the damage of the surrounding area in the future, and that it is highly important for the public interest, such as prevention of difficult development and maintenance of the natural original state for the public purpose (Article 56 of the National Land Planning and Utilization Act and Article 24(1) [Attachment 1] of the Urban Planning Ordinance
2. Grounds for non-permission for conversion (building) -
1. omitted -
2. The first place for the application for conversion of a mountainous district (No. D.) is Do-designated monuments E and F military village, and the first place is Do-designated monuments and Do-designated monuments G are located around the area, and most neighboring lands are judged to be the area where the special geological structure, which is the characteristics of the Jeju Jeju Jeju-Wal area, is formed with excellent geological structure, and most neighboring lands are considered to be the area where the maintenance of the natural environment and the protection of the forest are absolutely necessary for the public interest.
3. Therefore, the plaintiff's appeal is dismissed as a result of administrative litigation against the return disposition of the building report on the return of the building report to the neighboring forest conditions of the site for application and neighboring H of the site for application.