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(영문) 수원지방법원 2017.10.17 2017구합702
건축신고신청불허처분취소
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 30, 2016, the Plaintiff filed a construction report in the form of complex civil petition (hereinafter “instant report”) with respect to the instant site, including permission for the development of a building area and a storage facility of a total floor area of 91.2 square meters on the ground (such as changing the form and quality of land, land division, permission for diversion of farmland, and permission for conversion of mountainous district, etc., with the Defendant, on the land (hereinafter “instant site”).

B. Accordingly, on January 4, 2017, the Defendant rejected the instant report from the Plaintiff on the following grounds.

(hereinafter referred to as “instant disposition”).

(a) The above areas need to be preserved for the natural environment, scenery, forest and green space in the city, and are strictly managed to prevent reckless development and damage to the urban aesthetic view by publicly notifying the special-purpose areas in accordance with urban planning on the determination of green conservation areas.

B. In order to maintain and manage such green belt conservation, the following matters have been managed as of July 12, 1993 (Public Notice C in Ansan City) and March 23, 2001 (Public Notice D in Ansan City) by strictly restricting the alteration of the form and quality of land within the green conservation area in urban planning.

C. As a result of the consultation on the permission for the diversion of farmland with respect to the life industry, “the completion of the applicant’s approval for the use of the agricultural warehouse in the adjoining land” is the “the completion of the applicant’s approval for the use of the agricultural warehouse” as a result of the consultation on the permission for the diversion of farmland with respect to the life industry, the E commercial warehouse processed on March 19, 2015, and FF building (new construction) processed on December 2, 2015, and the building permission (new construction) processed on December 2, 2015, is operated as an existing warehouse.

In addition, the National Land Planning and Utilization Act and the Building Act classify the use of buildings that can be performed in the preserved green area, but it is not known that it has been maintained and managed until now so as to conform to the purpose of designating the preserved green area in our city as described above.

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