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(영문) 수원지방법원 2016.08.19 2015구합61178
건축허가신청반려처분취소
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 August 12, 2002, the Plaintiff completed each registration of preservation of ownership on the 772m2m2 and the 325m22m2 in the Gunpo-si, Gunpo-si, which was designated as a development-restricted zone. The Plaintiff completed the registration of preservation of ownership on the 772m2 and the 325m2 of the pipe structure, and the above land and the above ground livestock shed buildings were incorporated into the C project site executed by the head of the Seoul Regional Construction and Management Office, and were expropriated on April

B. On November 34, 2012, the Plaintiff asked the Plaintiff whether it is possible to newly construct a stable on the instant land after completing the registration of ownership transfer with respect to the land of 1,478 square meters (hereinafter “instant land”), which is located within the development-restricted zone (hereinafter “instant land”). On December 5, 2012, the Defendant respondeded to the Plaintiff on December 5, 2012 that “it is difficult to construct a stable on the instant land.”

Accordingly, on February 8, 2013, the Plaintiff decided to newly construct the instant land, and applied for a construction permit, but the Defendant notified the non-permission of the construction permit on the ground that it does not comply with the relevant statutes.

C. On November 27, 2014, the Plaintiff filed an application for a construction permit (hereinafter “instant application”) with a view to newly constructing a stable on the instant land, and on December 9, 2014, the Defendant rendered a disposition of refusing to newly construct a stable (hereinafter “instant disposition”).

Details of administrative disposition

1. Details of disposition: Notification of non-permission of the application for permission of land activities (construction report) in this case;

2. Facts constituting the grounds for the disposition;

A. The instant land for which an application for permission to engage in an act (construction report): No livestock shed may be permitted in an area where livestock raising is restricted pursuant to Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) as land located within a restricted area of livestock raising pursuant to the Act on the Management and Use of Livestock Excreta (hereinafter “ Livestock Excreta Act”) and municipal ordinance on the designation of a restricted area of livestock raising in Gunpo-si.

(b).

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