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1. Revocation of a judgment of the first instance;
2. The alteration of the building that the Defendant had against the Plaintiff on December 20, 2017.
Reasons
1. The grounds for the entry of the details of the disposition and the relevant statutes by the court are as stated in the corresponding part of the judgment of the court of first instance, and thus, they shall be cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of
2. Whether the instant disposition is lawful
A. The Plaintiff’s construction of resource circulation-related facilities is allowed within the natural green belt area, and the use of the building is not prohibited from being changed to resource circulation-related facilities from Class II neighborhood living facilities. Thus, the Defendant is required to permit the alteration of the use of the building of this case to resources circulation-related facilities. However, the Seo-gu Incheon Metropolitan City Urban Planning Committee rejected the Plaintiff’s application for permission for alteration of use on the ground of “the principle maintenance and preservation of natural green belt area”, and the Defendant already rejected the instant disposition on the ground that there were eight resources circulation-related facilities (waste recycling facilities) within the natural green belt around the building of this case. However, considering the fact that there were eight resources circulation-related facilities (waste recycling facilities) within the natural green belt around the building of this case, the Defendant committed the instant disposition that rejected the Plaintiff’s application for
B. According to Articles 11, 12, and 19 of the Building Act, and Article 56 of the National Land Planning and Utilization Act, in cases where a building permit was obtained pursuant to Article 11(1) of the Building Act that involves permission for development activities pursuant to Article 56(1) of the National Land Planning and Utilization Act, and the matters regarding permission for development activities are modified due to a change of use of such building, permission for a change of matters regarding permission for development activities pursuant to Article 56(2) of the National Land Planning and Utilization Act is required, and such
If the case is defined as an indefinite concept, the outline of the prohibition
In judging whether to be a case, administrative agencies have discretion, so permission for development activities is subject to.