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(영문) 춘천지방법원 2019.05.21 2018구합51896
개발행위허가신청반려처분취소
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 July 13, 201, the Plaintiff entered the same as D’s land from Jin Changwon-gun D (hereinafter “D”).

The same shall apply to other lands.

On July 27, 2011, after purchasing 101 lots of land (the shares held by B in the case of land E, F, G, H, and I) and completing the registration of ownership transfer.

B. The plaintiff A.

On May 18, 2017, in order to construct roads to use for the passage of the purchased land as stated in paragraph (1), an application for permission for development activities was filed against J, K, F, H, and I land among the above land (hereinafter collectively referred to as “instant land”).

(hereinafter referred to as “instant application”). C.

On June 13, 2017, the Defendant: (a) set the time limit for supplementation of the instant application as of June 30, 2017; (b) requested the following supplementation; (c) on July 3, 2017, the Defendant failed to supplement the application, set the time limit for supplementation as of July 18, 2017; and (d) requested the second supplement.

The supplementary matters shall be prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport (L, M, N,O, P, etc.) shall be submitted to supplement the portion not entered in the application (such as the current state of land, standing timber planting, felling, etc.), a written consent to use land and a certificate of personal seal (L, M, N,O, P, etc.) shall be submitted, a gradient analysis report of construction budget, and a structure (influence 2 copies of the project site boundary) shall be marked on the cross-section map of the project site, and the size of the existing drainage pipe and the point of the existing drainage pipe on the construction plan shall be attached to the plan plan to be submitted, and the detailed map of the structure to be submitted along with the submitted soil statement (scar, scar, street, etc.) shall be attached to the river department

D. On July 19, 2017, the Defendant rendered a disposition of refusal against the Plaintiff on the ground that the aforementioned supplemental requirements have not been complied with.

(hereinafter “Disposition in this case”). 【No dispute exists concerning the ground for recognition, entry of Gap’s evidence Nos. 1 through 8, and the purport of the whole pleadings.

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