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(영문) 부산지방법원 2015.10.30 2015구합21989
건축허가불가처분취소
Text

1. On March 24, 2015, the Defendant filed an application for a building permit with respect to the Plaintiffs as indicated in attached Table 1.

Reasons

1. Details of the disposition;

A. On October 30, 2013, the Busan Metropolitan City Mayor published an urban management plan (a sports facility, road) decision (a new construction, change) and topographical map pursuant to Articles 30 and 32 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to urban planning facility projects (hereinafter “instant project”) in accordance with D golf course development projects in the Busan Metropolitan City’s District Office CFC (hereinafter “CF”)

(Public Notice E). (b) Busan Metropolitan City

The Plaintiffs were designated and publicly announced as the implementer of the instant project on January 1, 2014 (the F of the Busan Metropolitan City Public Notice: the filing date of the application for the authorization of the implementation plan: Within six months from the date of the designation and public notice of the project implementer, and the filing date of the application for the authorization of the implementation plan to G G in Busan Metropolitan City was extended within 12 months from the date of the designation and public notice of the project implementer) and on October 27, 2014, the Plaintiffs filed an application for the authorization of the implementation plan of the instant project

- The project area of this case is a clean area that is considered as a hand from the captain-gun, and there are problems such as the residential environment degradation and natural environment destruction, the exhaustion of groundwater, damage to crops, topographical change due to soil and sand outflow, and changes in marine animals and plants, etc. of neighboring villages (H villages, I villages, J Village K Village, L Village, L Village, M Village, M Village hereinafter referred to as “nive villages”) at the time of construction of golf courses in neighboring areas. The construction in the present state is difficult in the future by forming mutual consensus with neighboring residents through adequate dialogue, and then application for a building permit under individual laws and regulations, and approval without residents’ consent is absolutely impossible.

Before the authorization of the implementation plan, the Busan Metropolitan City Mayor requested the Defendant to consult on the construction permit related to the project of this case, and the Defendant respondeded to the Busan Metropolitan City Mayor on December 8, 2014 as follows:

C. From the Defendant

The Mayor of Busan Metropolitan City who received the opinions as referred to in the foregoing paragraph shall impose on December 26, 2014 the approval of the implementation plan for the project of this case, including the following matters:

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