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(영문) 울산지방법원 2018.05.24 2017구합965
건축신고반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 16, 2016, the Plaintiff completed the registration of ownership transfer on the land of 556 square meters of forest land B in Ulsan-gun, Ulsan-gun (hereinafter “instant land”).

B. On October 10, 2017, according to the Plaintiff’s entry of a reinforced concrete structure, a total floor area of 97.83 square meters and a location map (Evidence B) into the Defendant on the instant land, the Plaintiff entered the building report submitted by the Plaintiff on October 10, 2017 into the total floor area of 96.48 square meters, and it is unclear whether it was modified in the process of supplementation, but the total floor area is not in dispute between the parties as above.

In order to newly build a single house (one floor and one unit), a construction report in the form of complex civil petitions including permission for development and permission for mountainous district conversion (hereinafter referred to as the "construction report in this case").

[Examination Opinions on Mountainous Districts Management Act] The ground for non-permission for mountainous district conversion can be converted using "existing roads" pursuant to subparagraph 1 (e) (10) of attached Table 4 of the Enforcement Decree of the Mountainous Districts Management Act. However, the access roads to be recommended are forest roads managed by our military. [Examination Opinions on Urban Park Act] Article 22 of the Enforcement Decree of the Act on Urban Parks, Greenbelts, Etc. provides that "road" is subject to permission to occupy and use an urban public area. However, it is not subject to permission to occupy and use an urban public area. As such, access roads for individual construction are not subject to permission, it is not subject to permission to occupy and use. The Defendant notified the Plaintiff of the building report of this case on the following grounds. Around November 1, 2017. The Defendant without any dispute over the ground for recognition. 【No evidence No. 1, No.

2. Whether the instant disposition is lawful

A. Article 2(1)11 of the Plaintiff’s assertion is a road of at least four meters wide, on which pedestrians and automobiles are able to pass, and the National Land Planning and Utilization Act, the Road Act, the Private Road Act, and other relevant relationships.

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