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(영문) 대구지방법원 2017.04.28 2016구합22751
개발행위불허가처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On June 7, 2016, the Plaintiffs filed a building report with the Defendant pursuant to Article 14 of the Building Act to construct a detached house on the ground (hereinafter “the instant application site”) of three parcels, including a total of 1,386 square meters of land (1,386 square meters of land (hereinafter “instant application site”) including 512 square meters of land, D forest, and 112 square meters of land, E cemetery, and 762 square meters of land, in order to construct a detached house on the ground. The location and the current status of the land

(hereinafter “instant application”). (b)

On September 7, 2016, the defendant applied for this case on September 7, 2016, Article 56 [Attached Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Sub-paragraphs d.

Items e, e.

(a) Items (i) and (ii);

The above [Attachment 1-2] attached Table 1, and the defendant's above disposition (hereinafter "the disposition of this case") was made for the reason that development activities (land form and quality change) are not possible due to lack of consultation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including each number, hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Defendant’s procedural defect stated that the instant application was inappropriate only as the grounds for rejection at the time of the instant disposition in subparagraph 1(a), (d), (e), (e), and (2) of the attached Table 1, and could not be known as to which reason the instant application was rejected. The instant disposition was in violation of Article 23 (Presentation of Reasons for Disposition) of the Administrative Procedures Act as it did not specify the grounds for and reasons for the instant disposition in detail. 2) The lack of substantial defect as prescribed in subparagraph 1(a) of the attached Table 1 of this case.

Sub-paragraphs d.

In relation to the title, the instant application has infrastructure and is in harmony with the surrounding environment, and is already constructed in a neighboring mountainous district located from 200 to 500 meters away from the place of the instant application, and even if a detached house is newly constructed in the instant application site, the surrounding landscape and the instant application site.

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