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(영문) 대전고등법원 2014.12.11 2014누10996
건축신고수리불가처분취소청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 14, 2012, the Plaintiff acquired ownership of B, 936 square meters (hereinafter “instant application site”) prior to Asan-si (hereinafter “instant application site”), and filed an application for building permission, including permission for development in the form of complex civil petitions, with the Defendant on September 4, 2013, to newly construct a single-story house of a building area of 137.16 square meters and a total floor area of 86.94 square meters (hereinafter “instant house”).

B. On September 16, 2013, the Defendant carried out internal procedures, such as requesting the relevant departments, etc. to seek an opinion on the overall consultation of complex civil petitions for construction. The relevant departments, excluding forest greenbelts, presented their opinions that permission can be granted for the said application for construction permission.

C. Since then, the Defendant underwent a meeting of the Asan City Civil Petition Coordination Committee, and rejected the instant application on October 11, 2013 on the following grounds:

(hereinafter referred to as the “instant disposition”). A building report is not accepted as a result of a comprehensive deliberation in accordance with the Civil Petitions Treatment Act and the Ordinance on the Organization and Operation of the Civil Petitions Conciliation Committee of Asan City, by comprehensively taking into account all the circumstances, such as the construction of a new building as an area promoting a project for the conservation of the natural environment and the creation of a forest and recreational space, the sub-construction of a new building would lead to continuous development pressure by setting the precedent for difficult development due to various development activities at the tourist masters preserved and managed during the period of the new construction, and it is anticipated that considerable hindrances to the promotion of the project for the development of the river and the river.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 7 evidence, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The summary of the Plaintiff’s assertion is as follows: (a) The instant application is filed by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Other relevant Acts and subordinate statutes.

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