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(영문) 청주지방법원 2017.01.19 2016구합11266
가설건축물축조신고 불수리처분 취소
Text

1. The Defendant’s disposition of non-repair of each temporary building on March 11, 2016 against the Plaintiffs is revoked.

Reasons

1. Details of the disposition;

A. On March 9, 2016, Plaintiff B purchased 3,892 square meters, and Plaintiff A purchased 4,046 square meters, adjacent to the said land, respectively. On March 9, 2016, the Defendant filed a report on the construction of a temporary building with a total floor area of 2,480 square meters for each of the instant lands (hereinafter “each of the instant temporary buildings”) on each of the instant lands (hereinafter “each of the instant reports”).

B. On March 11, 2016, the Defendant issued a non-acceptance disposition on the construction report on each temporary building (hereinafter “each of the instant dispositions”) with respect to the Plaintiffs on the following grounds.

According to Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act, Article 58 of the same Act provide that the land use conditions of neighboring areas or the surrounding environment or landscape, such as land use planning, shall be in harmony with the surrounding environment or landscape, etc., and there is no need for preservation as it does not fall under the excellent farmland, etc., and each of the instant land is the excellent farmland, which is the arable land in the agricultural and forest area that needs to be used for agricultural purposes in grouping farmland and needs not damage the surrounding natural landscape and landscape. However, each of the instant land is the excellent farmland, which is used for crop cultivation, such as rice, farm, and plastic houses, and its surrounding areas are used for the purpose of farming, and there is a need for preservation of the excellent farmland. The fact that there is no dispute about the instant land use status of surrounding areas and the land utilization plan, as well as the development that is not in harmony with the surrounding environment (based on recognition), and the purport of the entire pleadings as a whole.

2. Whether each of the dispositions of this case is legitimate

A. Article 58 of the National Land Planning and Utilization Act and the Enforcement Decree of the same Act with respect to the report on the construction of a temporary building as provided by Article 20(3) of the Act on the Grounds of Disposition 1 by the Plaintiff’s assertion.

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