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(영문) 서울행정법원 2019.05.10 2018구합72215
개발행위허가신청불허가처분취소
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. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government Bdong (hereinafter referred to as “instant land”) 1,779 square meters prior to C, and 1,470 square meters prior to D, and 1,470 square meters prior to D, and is an agricultural company mainly engaged in cultivating, distributing, processing, etc. agricultural products, etc.

All of the instant land are the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”).

(i) farmland in a natural green area under the Act or land belonging to a development restriction zone;

B. The instant land is the Act on Report on Real Estate Transactions, Etc. (hereinafter “Real Estate Transactions Report Act”).

(iii) land within the land transaction permission zone under the Land Transaction Permission Zone Act.

On October 23, 2017, the Plaintiff filed an application for permission for a land transaction contract with the Defendant for the purpose of cultivating a plastic house among the instant land, and withdrawn the application again. On January 5, 2018, the Plaintiff filed an application for permission for a land transaction contract on the grounds that “the purpose of cultivating agricultural products with which facilities are installed” was “the purpose of cultivating the agricultural products with which facilities are installed.” However, an opinion was presented inappropriate to issue the qualification certificate for acquisition of farmland on the grounds that “the construction of facilities on the instant land is likely to cause landslides, such as landslides,” during the consultation with the relevant government agencies under Article 20 of the Report of Real Estate Transactions Act and Article 8 of the Farmland Act.” Accordingly, the Plaintiff modified the application to “the purpose of cultivating agricultural products with which no facilities are installed,” and acquired ownership on March 13,

C. On February 8, 2018, the Plaintiff filed an application for permission for development activities on the instant land (land form and quality alteration).

(hereinafter “instant application”). According to the previous map (No. 5) attached to the instant application, the instant application is the sum of 145 square meters (road site) among D land that is not the entire land of the instant case and 661 square meters among C land (58 square meters in a road site on a building site).

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