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(영문) 창원지방법원 2017.04.25 2016구합979
건축복합민원 불허가처분취소
Text

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 March 11, 2016, the Plaintiff filed an application with the Defendant for complex civil petitions for the construction of 8 units of detached houses (two units of single houses and 6 units of multi-family houses) on the 3,405 square meters of forest land and 405 square meters of a window in Changwon-si, Changwon-si, and D orchard 1,048 square meters of detached houses (6 units

(hereinafter “instant application”). (b)

The instant application consists of civil petitions E to construct a detached house on the ground of 429 square meters (the upper part) among the forest land in the window in Changwon-si, Changwon-si, and civil petitions E to build a detached house on the ground of 422 square meters (the upper part) among C forest land (the upper part). ③ Civil petitions F to build a detached house on the ground among C forest land of 254 square meters (the upper part; hereinafter “the instant forest land”) and 1,048 square meters among D forest land (hereinafter “the instant orchard”), and civil petitions to build a multi-family house on the ground of 29 square meters (the instant forest land and the instant orchard).

Grounds for non-permission of complex construction

(a) Articles 56 and 58 of the National Land Planning and Utilization Act, Enforcement Decree of the same Act [Attachment Table 1-2], etc. - Natural green belt area is non-compliant with the provisions of related regulations - An area where restrictive development is permitted only in extenuating circumstances for securing green space, preventing urban proliferation, and supply of urban sites in the future, where urban infrastructure is insufficient and land category is likely to be developed as an area where the preservation status of farmland and green areas is excellent due to over-water and forest land due to the lack of urban infrastructure, and where farmland and green areas is developed as an area where the preservation status of green areas is good, it is anticipated that it should be managed in accordance with the plan to prevent infertility development

(b) Permission on the diversion of farmland is inappropriate under Article 33 (1) 4 (c) of the Enforcement Decree of the Farmland Act - it is not permitted due to the continuous expansion of a housing complex, which is likely to cause a dynamic erosion of an orchard.

C. On April 26, 2016, the Defendant rendered a disposition of non-permission for complex civil petitions to the Plaintiff on the grounds of non-permission as follows.

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