logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.13 2019구합101952
건축허가(이축)신청불허가처분취소청구의 소
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 January 1, 1984, the Plaintiff owned the Daejeon Seo-gu B land (hereinafter “instant land”) and the housing on the ground (hereinafter “instant housing”) located in the development restriction zone and resided in the said housing.

B. The Seongdong-gu land, including the instant land, was incorporated into a “C” site executed by the Defendant around January 1, 1984.

Accordingly, the housing of this case was removed on June 30, 1984, and the plaintiff acquired compensation and the right of interest.

C. On October 2, 2018, the Plaintiff obtained the consent from D to use land for constructing a new building in the Daejeon Seo-gu E Forest (hereinafter “instant forest”) owned by D (hereinafter “instant forest”). On October 31, 2018, the Plaintiff filed an application with the Defendant for a building permit to construct a Class I neighborhood living facility (retail stores and detached houses) in the instant forest.

(hereinafter “instant application”) D.

On December 20, 2018, the Defendant rendered a non-permission disposition of the instant application for the following reasons.

(1) Where the existing house is demolished due to the implementation of public works under the Act on Acquisition of and Compensation for Land, etc. for Public Works in accordance with subparagraph 5 (c) of attached Table 1 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (Presidential Decree No. 13684, Jul. 11, 1992), the owner of the existing house can construct a new house with permission for the land meeting the location criteria prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (the date of actual removal where the removal of the building is not reported by 3 days prior to the scheduled date of removal) if the existing house is demolished due to the implementation of public works under subparagraph 5 (c) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones.

arrow