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(영문) 수원지방법원 2020.08.20 2019구합72381
개발행위불허가처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts that there has been no dispute over the disposition;

A. On October 5, 2018, the Plaintiff refers to the land that falls under any of the following items in the farmland area under Article 2 subparag. 1 of the Farmland Act to the Defendant.

Land actually used as paddy field, paddy field, orchard, and other land which is used as farmland for crops regardless of its legal category, or as land for cultivating perennial plants prescribed by Presidential Decree.

Provided, That land prescribed by Presidential Decree, such as grassland created pursuant to the Grassland shall be excluded.

(b) The Plaintiff in a site for facilities prescribed by Presidential Decree, which are agricultural and livestock products production facilities installed on the land under item (a) and the land under item (a), shall set up a farm house in the area of 2,820 square meters prior to the

According to Article 36(1)2(c) of the National Land Planning and Utilization Act (hereinafter “Act”), a special-purpose area determined by an urban or Gun management plan as an area requiring planned and systematic management, which is an area expected to be integrated into an urban area among areas subject to control and is intended for limited use and development in view of the natural environment or an area expected to be integrated into an urban area.

According to Article 37 (1) 6 of the Act, a settlement district within a community district means a district determined by an urban or Gun management plan to improve the settlement of a green area, control area, agricultural and forest area, natural environment conservation area, development-restricted zone, or urban natural park area.

According to Article 58(1)1 of the Act and Article 55(1)2 of the Enforcement Decree of the said Act (hereinafter “Enforcement Decree”), among the area of 2,820 square meters in 2,00 square meters prior to the time of Chosung-si, a person is entitled to permission for development activities only if the form and quality of land is less than 30,000 square meters in a management area.

(hereinafter “instant land”) under Article 76(5)1 of the Act on detached Housing with a building area of 99.4 square meters and a total floor area of 165.5 square meters, and subparagraph 1(a) of attached Table 23 of the Enforcement Decree of the Building Act, among detached houses under subparagraph 1 of attached Table 1 of the Enforcement Decree of the Building Act.

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