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(영문) 수원지방법원 2019.01.10 2018구합67412
개발행위불허가처분취소
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 20, 2016, the Plaintiff purchased 2,971 square meters prior to Suwon-si, Suwon-si (hereinafter “instant land”) and completed the registration of ownership transfer on the said land on March 7, 2016.

B. On January 23, 2017, the Plaintiff obtained permission for the development of Class II neighborhood living facilities and for the development of land division (land form and quality alteration) with respect to the development of Class II neighborhood living facilities, which are part of the instant land, from the Defendant, on March 6, 2017, and obtained permission for the alteration of development activities to 1,49 square meters, which are the initial permitted area, on March 6, 2017, but the said permission for development activities was revoked on April 6, 2017 upon the Plaintiff’s application for revocation.

On March 22, 2018, the Plaintiff again filed an application with the Defendant for permission to engage in development activities for the creation of Class I neighborhood living facilities (retail stores) on the ground of the instant land (hereinafter “instant application”).

C. On May 16, 2018, the 5rd Si Urban Planning Committee rendered a review on the instant application on the following grounds: (a) as a result of the deliberation by the Suwon City Urban Planning Committee on May 16, 2018, on the grounds that “it is reasonable to have the instant application reserved prior to the establishment of a detailed plan to reflect all the relevant area’s content; and (b) the Defendant notified the Plaintiff of the result of the said review on May 25, 2018.

(A) No. 7, d.

On June 5, 2018, the Defendant rendered a non-permission disposition as to the instant application (No. 2; hereinafter “instant disposition”) on the ground that the Plaintiff rendered a non-permission disposition as to the instant application on the ground that “before completion of the establishment of a comprehensive detailed plan for the relevant area (in accordance with the result of the advisory opinion of the In-si Urban Planning Committee), pursuant to Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 6, 7, Eul evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The defendant's assertion of the parties.

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