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(영문) 서울행정법원 2014.07.04 2013구합60309
개발행위허가제한처분취소
Text

1. The Defendant’s notification of Seocho-gu Seoul Metropolitan Government on July 11, 2013, is Seocho-gu Seoul Metropolitan Government 1,088 square meters, E miscellaneous land, 3,257 square meters.

Reasons

1. Details of the disposition;

A. The Plaintiffs are co-owners of Seocho-gu Seoul Metropolitan Government D miscellaneous land of 1,08 square meters, E miscellaneous land of 3,257 square meters, G miscellaneous land of 2,016 square meters, and Plaintiff B is the owner of F miscellaneous land of 92 square meters, and Plaintiff A is the owner of H 764 square meters.

From January 1, 1998, the Plaintiffs are operating a specialized driving school for IF (hereinafter referred to as “instant driving school”) in each of the above lands (hereinafter referred to as “the site of the instant driving school”).

B. On October 27, 2008, Plaintiff A acquired the ownership of J-J-based 711 square meters, and Plaintiff B acquired the ownership of 2,645 square meters on December 6, 2010.

(hereinafter referred to as "land number") shall be specified. (c)

The Plaintiffs filed an application for permission to engage in development activities under Article 56(1) of the National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”) on March 30, 2012 to install facilities related to the driver’s license on the J and K’s license, but received a disposition of non-permission to engage in development activities from the Defendant on March 23, 2013.

On July 11, 2013, the Defendant was delegated by the Seoul Special Metropolitan City Mayor pursuant to Article 139(2) of the National Land Planning and Utilization Act and Article 68 [Attachment Table 4](9) of the Urban Planning Ordinance of the Seoul Special Metropolitan City, and notified the restriction on permission for development activities and the announcement of topographic drawings as follows, subject to the public announcement of the restriction on permission for development

(hereinafter “instant disposition”). 1. Restricted area - Location: Seocho-gu L (hereinafter “instant restricted land”) - Area: 30,311 square meters.

2. Grounds for restrictions - An area where the surrounding environment, scenery and scenery are likely to be seriously polluted due to reckless development - an area where the formulation of district unit planning is necessary for systematic urban management;

3. Restriction period - 3 years from the date of public announcement.

4. Restricted activities (1) - Construction of buildings or installation of structures under Article 56 (1) of the National Land Planning and Utilization Act: Article 11 (Building Permits) of the Building Act, Article 14 (Building Report) of the Building Act - Alteration of the form and quality of land;

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