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(영문) 대구지방법원 2015.09.22 2014구합2579
건축신고서 불수리처분취소
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 November 5, 2014, the Plaintiff filed a building report (hereinafter “instant report”) with the Defendant, including permission to convert mountainous districts, permission to occupy and use roads, and permission to engage in development activities, for the purpose of constructing a building (hereinafter “instant building”) as follows with respect to B forest land (hereinafter “instant land”).

Building area of 1,001 square meters: Total floor area of 154.89 square meters: 154.89 square meters: The number of main buildings of 154.89 square meters: One building; and one annexed building: The main use of 55.49 square meters per single house: Permission for development activities, permission for and reporting on conversion of mountainous district; permission for occupation and use of private sewage facilities; reasons for non-consultation of private sewage treatment facilities - Development

(a) The conservation management area is “a preservation area” that needs conservation for the protection of the natural environment, the protection of the forest, the prevention of water pollution, the security of green space space, the preservation of the ecosystem, etc. (i) the grounds for disposal

(b) There is a concern over the chain of development as a neighboring conservation and control area (ii).

(c) Insufficient infrastructure, such as waterworks and sewerage (III grounds for disposition);

B. On December 3, 2014, the Defendant rejected the instant report against the Plaintiff on the following grounds:

(hereinafter “instant disposition”). C.

The Plaintiff appealed and filed an administrative appeal, but the Gyeongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on January 26, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, and 12, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. As to the Plaintiff’s assertion 11 (1) as to the grounds for disposition, the provisions of the relevant Acts and subordinate statutes stipulate that a single house can be constructed on the land belonging to the conservation management area, and there are many cases of permission for construction on the land belonging to the conservation management area within the jurisdiction of Glldong-gun, and in light of the scale of the building of this case,

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