logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2019.05.15 2018누1481
건축허가신청반려처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the cases where the part of the judgment of the court of first instance is modified and added as follows: therefore, it is identical to the ground of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be corrected and added; and

A. The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) in the 6th 19 to 20th 20th of the judgment of the first instance in the correction of clerical error is advanced into “Building Act”.

B. The part of the judgment of the court of first instance as to the assertion on the public notice of a topographic map “3)” is amended as follows: 3) The “area, district, zone, region, complex, city/Gun planning facility, etc.” under the Land Use Regulation Act refers to a group of land subject to restrictions on the use and preservation of land, such as restricting development activities regardless of its name, such as region, district, zone, region, complex, city/Gun planning facility, etc. or obtaining authorization, permission, etc. related to the use of land (Article 2 subparag. 1); and “livestock breeding restriction zone” designated pursuant to Article 8 of the Livestock Excreta Act is defined as one of the “area, district, etc.”

(Article 5 subparag. 1 [Attachment Table] and where the head of a local government designates a "area, district, etc.", he/she shall prepare a drawing specifying "area, district, etc." in the topographical map indicating the cadastral records (hereinafter referred to as "spatial map") and publicly announce it in the official bulletin of the local government (the main sentence of Article 8(2)), and in such cases, the designation of "area, district, etc." shall take effect upon the public announcement of

(The main sentence of Article 8 (3) : Provided, That in cases prescribed by Presidential Decree, a topographical map may not be prepared and published (the proviso to Article 8 (2)) and according to the delegation thereof.

arrow