logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.05.23 2018구합6861
형상변경불허가처분취소
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 12, 2018, the Plaintiff filed an application for permission to change the current state of Si-designated cultural heritage with the Defendant to construct a detached house (one story, a total floor area of 105.76 square meters, and a building area of 105.76 square meters) in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant application site”) on a single house (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On May 8, 2018, the Defendant rendered a disposition to reject the Plaintiff’s application of this case on the ground that it does not comply with Article 12 of the Ulsan Metropolitan City Ordinance on the Protection of Cultural Properties (hereinafter “instant disposition”) according to the result of deliberation by the Cultural Heritage Committee that the relevant design plan has a significant impact on the historical and cultural environment preservation area of the relevant cultural heritage.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 3 (including the number of branch offices), Eul's evidence 3 through 4, and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s failure to permit the drilling survey itself on the existence of the alleged buried cultural heritage is an excessive restriction on private property rights in violation of the excessive prohibition principle, and the permission for the alteration of the current state of Si-designated cultural heritage since it is against the principle of equity to refuse the application for permission for the alteration of the current state of Si-designated cultural heritage on the site of the instant application is against the principle of equity, since the Si-Gun, Ulsan Metropolitan City, Ulsan Metropolitan City, and E land adjacent to the site of the instant application was not discovered after the Si excavation inspection in the past.

B. The details of the relevant statutes are as shown in the attached statutes.

C. 1) The facts of recognition are as follows: C located in the Ulsan-gun F of Ulsan Metropolitan City (hereinafter “instant cultural heritage”).

(2) On October 19, 198, the Ulsan Museum designated the instant cultural heritage as a memorial G in Ulsan Metropolitan City. 2) The Ulsan Museum has more than five times from 2012 to 2016.

arrow