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(영문) 광주고등법원(제주) 2020.06.10 2019누1373
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Details of the disposition;

(a) The Korea National Tourism Organization shall approve the implementation of development projects in the Dong-dong area in Jeju-do and its sub-dong area and approve the alteration thereof (hereinafter referred to as the “instant development projects”).

Around December 20, 1995, according to Article 24 of the former Special Act on Jeju-do Development (amended by Act No. 5798 of Feb. 5, 1999), a landscape impact assessment review was conducted on and around March 19, 196 pursuant to Article 14 of the same Act. The Korea National Tourism Organization, following the above procedure, filed an application for approval of the implementation of the instant development project (scheduled date of completion: December 31, 2001) with the Defendant around June 1996. The above application was accompanied by a plan for construction of accommodation facilities, such as five-story hotels of five-story hotel rooms in size, 300 to 300, and "tourist facilities shall be managed in accordance with the development regulation plan for buildings, height, etc. under the current comprehensive plan for development of Jeju-do, and the Defendant included a building height (5-story) in the plan for development and management of a building under the current comprehensive plan for development of Jeju-do and approved the plan as it is.

3) Around October 2, 1996, the Defendant established a plan for the regulation of landscape height on the Seopo City Si Tourist Complex in accordance with the Jeju-do Comprehensive Development Plan. According to the above landscape altitude regulation plan, the height of the tourist hotel in the Kupodo Tourist Complex was limited to not more than 35 meters and the number of floors was not more than 9 stories. 4) Thereafter, on November 11, 1996, the Seopopo City in Seopo City was notified for the alteration of detailed facilities related to the instant project, while making the notification for the alteration (J of Seopo City notification). The existing “242.”

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