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(영문) 수원지방법원 2018.09.18 2018구합64321
개발행위불허가처분취소
Text

1. On November 28, 2017, the Defendant’s disposition of denying the development activities against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of land B, C, D, E, and F (hereinafter “instant land”).

B. On October 17, 2017, the Plaintiff filed an application for permission to engage in development activities for the instant land (hereinafter “instant application”) with the Defendant (hereinafter “instant application”) in order to create a site for graveyard-related facilities (animal crematory facilities and charnel facilities; hereinafter “instant facilities”).

C. On November 28, 2017, the Defendant notified the Plaintiff of non-permission regarding the instant application (hereinafter “instant disposition”) on the following grounds.

제목: 개발행위(농지전용허가 의제) 불허가 통보 ▣ 불허가사유

(a) Pursuant to Article 58 (1) 4 and 5 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 58 (1) 5 of the same Act and attached Table 1-2 of the Enforcement Decree of the same Act, the details of the permission for development activities must be in harmony with the surrounding environment or landscape, such as the actual status of the utilization of land in surrounding areas and the land utilization plan, the height of buildings, gradient of land, status of trees, water flow, water flow, drainage of water in rivers, lakes and marshes, drainage of wetlands, etc., and it is possible to permit development activities if the installation

(b) The application form shall not be regarded as an application form for the purpose of in harmony with the actual use of land in the surrounding area because the application form is located near the north side and the surrounding environment or landscape is likely to adversely affect the formation of villages and the crossing of national highways, which are major roads; and

(c) In order to be entered into the site of application, the part of the national highways G line roads and the sub-sections shall be used, but some sections shall be limited to one-way traffic, and the traffic congestion, traffic failure and safety accidents, etc. due to the increase of traffic volume are anticipated by the sub-road and the passage stuffs, etc., and separate from the sub-road.

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