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(영문) 창원지방법원 2018.01.09 2017구합51165
건축허가신청반려처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are people operating a car maintenance plant that processes steel with the trade name of Jinju City from C, manufactures various parts and expendable items of trucks, and repairs large vehicles, such as dump trucks.

B. On September 27, 2016, Plaintiff B acquired F 3,482 square meters (natural green belt area; hereinafter “instant land”). On October 14, 2016, Plaintiff B obtained the qualification certificate for acquisition of farmland for the purpose of acquiring the instant land from the Defendant as “agricultural management” for the purpose of acquiring the instant land; the period of commencement of farming was five months in May 2017; and the main crops to be cultivated was to be “the majority outside of cattle”.

C. On November 14, 2016, one month after the date of issuance of the above qualification certificate for acquisition of farmland, the Plaintiffs filed an application with the Defendant for a construction permit to newly construct one motor vehicle maintenance factory with a building area of 493.50 square meters and a total floor area of 427.50 square meters on the instant land, but the construction permit was rejected as a result of deliberation by the Urban Planning Committee.

After the Plaintiffs withdrawn an application for the said building permit on December 5, 2016, on February 14, 2017, the Plaintiffs filed an application with the Defendant for new construction permission, permission for diversion of farmland, permission for development, permission for occupation, and permission for occupation, and permission for occupation and use of a motor vehicle repair store (class II neighborhood living facilities, class 1 floor, total floor area, 43 square meters, height 5.5 meters) and a detached house (class 1 floor, total floor area, 99.6 square meters, height 4.2 meters on the ground), which is not subject to

(hereinafter referred to as “instant repair shop”) e.g., a car repair shop and a single house.

On April 11, 2017, the Defendant rendered a disposition of denying the application for construction permit on the following grounds to the Plaintiffs:

hereinafter referred to as "disposition of this case"

- Failure to comply with the criteria under Article 33(1)4(d) of the Enforcement Decree of the Farmland Act - the diversion of farmland in the vicinity may impair the agricultural management environment of nearby farmland due to the diversion of the farmland in question. Application is not in conformity with the criteria under Article 3(1)5(c) of the Enforcement Decree of the Farmland

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