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(영문) 부산고등법원 2019.05.17 2018누23350
건축물용도변경 불가처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's argument in the grounds of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance, including the evidence submitted in the court of first instance and the result of on-site inspection, and the evidence submitted in the court of first instance

Therefore, the reasons for the statement concerning this case are as stated in the reasoning of the judgment of the first instance except for the portions which are written or added as stated in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of

2. Parts to be dried or added;

A. From Nos. 7 to 13 of the judgment of the court of first instance, the following shall be stated:

According to Article 56(1) of the National Land Planning and Utilization Act and Article 51(1)1 of the Enforcement Decree of the National Land Planning and Utilization Act, any person who intends to engage in an act falling under construction of a building (including a roof, columns, or walls among structures settled on land, and facilities appurtenant thereto) under Article 2(1)2 of the Building Act shall obtain permission for development. A building permission granted under the Building Act shall be deemed to have obtained permission for development pursuant to the National Land Planning and Utilization Act (Article 11(1) and Article 11(5)3 of the Building Act). Accordingly, Article 12(1) of the Building Act provides that the person who has the authority to permit construction permission shall confirm whether the construction of a building in the site intended for the relevant use, size, or form meets the provisions of Articles 56 through 62 of the National Land Planning

In addition, Article 57 (1) of the National Land Planning and Utilization Act provides that a person who intends to engage in development activities shall submit an application accompanied by a plan for the construction of infrastructure following such development activities or for the securing, prevention of danger and injury, prevention of environmental pollution, landscape, landscaping, etc. of land required therefor to the development permit authority, but a person who intends to construct a building subject to the Building Act shall apply according to the procedures

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