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(영문) 전주지방법원 2015.11.11 2014구합2956
건축허가신청반려처분취소
Text

1. On September 30, 2014, the Defendant’s rejection of each application for building permission as stated in the separate sheet No. 1, which was filed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On July 2014, the Plaintiffs filed an application with the Defendant for a construction permit to newly build accommodation facilities (hereinafter “instant accommodation facilities”) on the ground of Kim Jong-si and 30 parcels (hereinafter “the instant application site”) falling under a development-restricted zone, which are planned control areas as indicated below, as indicated below.

Plaintiff, on July 9, 2014, the building area of the land for which the application was filed on the filing date of the application filed by the applicant, Plaintiff 1,526 square meters of 1,433 square meters of 440.91 square meters of 1,433 square meters of 440.91 square meters of 55.26 square meters of 1,737 square meters of 1,75.26 square meters of 1,75.26 square meters of 2014, July 23, 2014, Plaintiff 1,798 square meters of 1,798 square meters and 65.26 square meters of 1,55.26 square meters of 25.26 square meters of 1,525 square meters of 3,356 square meters of 26 square meters of 1,55.26 square meters of 2014, Jul. 9, 2014

B. On September 30, 2014, the Defendant rendered the instant disposition that rejected the application for building permit for the following reasons pursuant to Articles 57(2) and 58(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

[Grounds for Disposition in this case] (1) Article 58 (3) of the National Land Planning and Utilization Act, Article 56 (1) and attached Table 1-2 of the Enforcement Decree of the same Act

2. Matters to be examined by development activities,

A. The construction of a building or the installation of a structure does not permit the construction of a building for an area where the road, the water system, and the sewerage are not installed, and the entire purport of the arguments and arguments are as follows: “In principle, the location of accommodation facilities and restaurants shall be restricted in an area where sewage treatment facilities are not installed” under Article 4-1-1 of the Guidelines for the Operation of Permission for Development and Utilization of Act:

2. The instant disposition by the Plaintiffs is unlawful for the following reasons.

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