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(영문) 부산지방법원 2018.10.18 2018구합969
기업형임대주택공급촉진지구 지정거부처분취소
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 April 2016, the Plaintiff proposed to designate the Defendant as a commercial rental housing supply promotion district with the content that the Plaintiff constructed a rental housing unit of 996 households at the location of 50,123 square meters (hereinafter “the instant land”) located in 324 square meters in Busan Seo-gu, Busan (hereinafter “the instant land”).

(Plaintiffs proposed the designation of commercial rental housing supply promotion districts around February 2016, but received notification from the Defendant on March 22, 2016, and thereafter proposed again as above).

On March 24, 2017, the Defendant discussed the opinions of the Commercial Rental Housing Advisory Committee on the “Preparation Review” from the relevant departments and related agencies on March 24, 2017. On February 13, 2018, on the proposal of the Plaintiff partially adjusted, the Defendant sought opinions on the “inappropriate proposal” on the ground that it is inappropriate for the said Advisory Committee to create green belt areas that could not be developed and present a public contribution plan by creating green areas, and considering the educational environment of the North Korean elementary school on the subject area of the instant case, it is inappropriate for the competent local government to designate the district as a housing site, and that there is a high risk of causing civil petitions, such as infringement of the right

C. On February 20, 2018, the Defendant issued to the Plaintiff a disposition rejecting the designation of a commercial rental housing supply promotion district on the ground that it was improper to deny the designation of a housing construction site on the ground that the relevant local government had a different opinion on the development direction of a single source of the instant land considering the educational environment of an elementary school located north of the instant land, and considering the opinions of neighboring residents, etc., in accordance with Articles 24 and 25 of the Special Act on Private Rental Housing (hereinafter “Private Rental Housing Act”).

(hereinafter referred to as the "disposition of Refusal of this case"). . [Grounds for recognition] without dispute, Gap's 1, 2, Eul's 1 to 4 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the rejection disposition of this case is legitimate

A. The plaintiff 1's assertion is about two years.

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