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(영문) 제주지방법원 2016.12.07 2016구합5161
건축신고반려처분취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 21, 2012, C, the owner of B forest land B (hereinafter “instant land”) in Jeju-si, filed a construction report deemed permission for development and permission for mountainous district conversion (hereinafter “the first building report”) with a view to newly constructing one-story detached housing (79,52 square meters in total floor area) on the instant land on the instant land, and the head of D Eup accepted it on May 12, 2012.

B. C submitted a report on commencement of construction on May 22, 2012, but C did not commence the construction of the instant land on the grounds of voluntary auction, etc., and the first building report was invalidated.

C. After acquiring the ownership of the instant land on July 17, 2015, the Plaintiff again filed a building report with the same content as the instant first building report and the site area, location, structure, total floor area, design, etc. (hereinafter “second building report”) around October 30, 2015.

On December 24, 2015, the Defendant rendered a return of the second building report (hereinafter “instant disposition”) for the following reasons.

1. Whether permission for development is not permissible - A site for application is an area with priority in conservation rather than being developed as a conservation management area designated by the Ordinance of Jeju Special Self-Governing Province, and the daily price of the site for application falls under Do-designated souvenirs E, and most surrounding land is an area in need of protection and conservation of the natural environment in undeveloped state. - Since permission for development activities in this area is judged to have great public interests, because damage to natural landscape and destruction of the environment may accelerate due to continuous development in the future and later, it is likely that damage to natural landscape and destruction of the environment may accelerate, and thus, it is deemed to have great public interests, such as prevention of difficult development and maintenance of nature for public purposes. Thus, Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) stated in the instant disposition document of this case as stated in

Article 56 (1), (2).

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