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(영문) 제주지방법원 2017.04.19 2016구합5543
사도개설허가취소처분취소
Text

1. The Defendant’s revocation of permission for opening a private road on May 18, 2016 confirms that the disposition against the Plaintiff is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 21, 2015, the Plaintiff: (a) filed a construction report with the head of the Chungcheongnam-gu Eup in the Jeju-do in order to newly build a detached house on the 3,015 square meters of the Do-Eup in the Do-Eup (hereinafter “instant land”); and (b) filed a request for consultation on opening a private road to secure access roads due to the new construction of the said house.

B. On January 22, 2016, the Jeju Special Metropolitan City Mayor: (a) granted permission to establish a private road to each part of nine lots of land, including the Plaintiff, etc. located in the vicinity of the instant land on January 22, 2016, under the condition that “the construction is promoted by acquiring development activities, conversion of a mountainous district, and permission to divert farmland” in relation to the said request; (b) granted permission to establish a private road to each part of nine lots of land, including the size of 395 square meters (hereinafter “instant farmland”).

(hereinafter referred to as “previous Permission”). (c)

On March 3, 2016, on the ground that the farmland in this case and farmland in this case are not subject to permission for farmland conversion or development, the head of the Eup/Myeon made a disposition not to accept the above building report.

On May 18, 2016, the Defendant revoked the previous permission disposition on the following grounds and publicly announced the content thereof.

(hereinafter “Disposition of this case”). Revocation of permission for opening a private road

1. Whether a person has resided in the Do for at least one year while residing in the relevant farmland due to a cause not to divert farmland (Article 2 (5) 1 of the Ordinance on the Management of Agricultural Land of Jeju Special Self-Governing Province): The farmland is inappropriate to obtain permission for the diversion of farmland in the part of a private road among consultation on legal fiction of permission for the diversion of farmland under Article 11 (5) 6 of the Building Act as it is inappropriate to obtain permission for the diversion of farmland in the part of a private road, among consultation on legal fiction of permission for the diversion of farmland under Article 11 (5) 6

2. The National Land Planning and Utilization Act that there is a concern over damaging the surrounding natural scenery and aesthetic view due to development activities causing no permission for development activities, and that there is a concern over causing environmental pollution, destruction of ecosystem and danger and injury, etc. caused by soil pollution, noise, vibration and dust in the surrounding areas.

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