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(영문) 전주지방법원 2015.11.11 2015구합346
건축허가신청반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From August 1, 2014 to September 9, 2014, G filed an application with the Defendant for permission to change the form and quality of the building area on the ground (hereinafter “instant accommodation”) for the construction of accommodation facilities (hereinafter “instant accommodation facilities”) on the ground, which are planned control areas as indicated below, as indicated in the following table, with the Defendant, on August 1, 2014, for the applicant for permission to change the form and quality of the building area on August 27, 2014, HH and D, E, F (hereinafter “F”), and G filed an application with the Defendant for permission to change the form and quality of the building area on the date of application to newly build accommodation facilities (hereinafter “instant accommodation facilities”) located on the ground, which falls under a development restriction area: (a) 4,657 square meters on August 27, 2014; (b) 830 square meters on September 1, 2014; (c) 1,739 square meters on September 1, 201314, 13014.

B. On January 2, 2015, the Defendant: (a) pursuant to Article 57(2) and Article 58(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Defendant’s application for construction permit application network H and Plaintiff D, E, F, and G submitted to the Defendant due to the following reasons; (b) however, the content of the application contains the content that the Defendant seeks permission for change of the form and quality of land for the construction of the instant accommodation; (c) accordingly, the instant disposition is “report of nonpermission following the application for construction permit”; and (d) the parties are not particularly problematic.

A disposition of this case was rendered to return B.

[Grounds for Disposition in this case] (1) Article 58 (3) of the National Land Planning and Utilization Act, Article 56 (1) and attached Table 1-2 of the Enforcement Decree of the same Act

1. Matters to be examined by sector;

D. Based on the relationship with the neighboring area, accommodation facilities are entirely inconsistent with the building in the neighboring residential area. <2> The submission of the civil petition agreement on the 41 household among the 71 household in the agricultural village village, which is the result of the conclusion of the overall civil petition agreement.

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