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(영문) 창원지방법원 2019.01.23 2018구합50350
건설기계정비업등록신청수리불가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 25, 2017, the Plaintiff filed an application for registration with the Defendant for construction machinery maintenance business (hereinafter “instant application”) of the indoor workplace of 490 square meters and the outdoor workplace of 2,565 square meters, indoor workplace of 490 square meters, outdoor workplace of 2,565 square meters (hereinafter “instant application”).

B. On November 15, 2017, the Defendant, as a planned management area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), in which the instant application is filed against the Plaintiff, could not construct a maintenance factory corresponding to construction machinery-related facilities pursuant to Article 31(1)19 [Attachment 19] of the Jindo City Urban Planning Ordinance (hereinafter “instant Ordinance”), and Article 3-5 [Attachment 1] [Attachment 1] 20 of the Enforcement Decree of the Building Act, and issued a disposition rejecting the instant application (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is unlawful for the following reasons.

1) Article 71(1)19 [Attachment 20] of the Enforcement Decree of the National Land Planning and Utilization Act provides that “A building which cannot be constructed in a planned management area as prescribed by urban or Gun planning ordinance among automobile-related facilities under subparagraph 20 of attached Table 1 of the Enforcement Decree of the Building Act.” Moreover, attached Table 1 of the Enforcement Decree of the Building Act provides that construction machinery-related facilities shall be included in automobile-related facilities and provides that a maintenance factory cannot be constructed. However, Article 31(1)19 [Attachment 19(m)] of the Ordinance of this case provides that “automobile-related facilities falling under item (c) and (f) of item 19 of attached Table 1 of the Enforcement Decree of the Building Act” are only applicable to automobile-related facilities

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