logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.09.06 2012구합1758
사전심사결과 통보처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings set forth in Gap evidence Nos. 1, 2, 5, 6, and Eul evidence No. 1 (including each number).

Plaintiff

A requested the Defendant on December 26, 201, in order to construct a multi-family housing of not more than four stories on the land of not more than 23,710 square meters (in this case, the forest of this case) in Seocheon-gu, Seocheon-gu, Seocheon-si, and the Plaintiff B is the owner of the forest of this case who is the father of the Plaintiff A.

B. On January 6, 2012, the Defendant notified the Plaintiff A of the impossibility of development activities upon consultation with the relevant department on the prior examination claim under the preceding paragraph.

(2) On February, 200, the Defendant’s judgment prior to the merits stated that the result of this case’s notification is not an administrative disposition subject to appeal litigation; thus, the Defendant’s health care room and the administrative disposition subject to appeal litigation refer to an administrative agency’s act of public law, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects, and an act that does not directly cause a direct legal change in the legal status of the other party or other persons concerned is not an administrative disposition subject to appeal litigation.

(See Supreme Court Decision 2001Du10578 delivered on May 17, 2002, etc.). The prior request for examination and notice of the result thereof were made pursuant to Article 19 of the Civil Petitions Treatment Act, and it is difficult to deem that it is a disposition that is subject to an appeal litigation, in light of the following,

(1) An advance ruling is a discretionary procedure for the convenience of civil petitioners, and it does not necessarily require the Plaintiffs to obtain a building permit or permission for development activities.

(2) Even if a civil petitioner is notified of the result of an advance examination, it shall be applicable.

arrow