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(영문) 부산고등법원 2018.01.17 2017누23964
건축신고불가처분취소 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs are responsible for the total costs of the lawsuit after the filing of the appeal.

Reasons

1. The reasons why the court accepted the judgment of the court of first instance as to this case are as follows. The plaintiffs' arguments are as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as to the contents claimed in the court of first instance as set forth in paragraph (2) above to the corresponding part, and thus, they are quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[A] Since the form and quality change of land is accompanied in order to newly construct a detached house on the instant land located in the conservation and management area of the farmland and forest, each building report of this case requires the requirements for permission under the National Land Planning Act and subordinate statutes in order to accept each building report of this case. However, the National Land Planning Act and subordinate statutes provide that “whether it is in harmony with the surrounding environment or landscape, such as the actual use condition of surrounding areas or land utilization plan, height of buildings, gradient, trees, water drainage, water drainage, drainage of wetlands, etc.”, “no construction of a building (including alteration of the form and quality of land for construction) shall be permitted for an area where no road system and sewerage are installed” and “no risk of environmental pollution, water pollution, soil pollution, vibration, vibration, dust dust, etc. shall occur in the relevant area and its surrounding areas,” (Article 58(1) of the National Land Planning Act and attached Table 1-2 of the Enforcement Decree of the National Land Planning Act shall be determined by comprehensively considering the location of the instant land, the construction report of this case and its surrounding facilities, circumstances.

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