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(영문) 대전지방법원 2019.11.28 2018구합104008
건축허가신청반려처분취소
Text

1. On April 11, 2019, the Defendant’s disposition not to accept the building report filed with the Plaintiff is revoked.

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

Reasons

1. The details of the disposition [Grounds for Non-permission] Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 56 [Attachment 1-2] of the Enforcement Decree of the same Act, guidelines for operating development activities, guidelines for operating development activities, and [Attachment 1-3] subparagraph 2d of the Enforcement Decree of the Management of Mountainous Districts Act

Permission for development and permission for mountainous district conversion for the same reasons as attached in breach of the provisions of items, etc.

The area of permission for mountainous district conversion - A mountainous district connected to C Do Park mountain field, consisting of natural scenery and ecosystem, which requires conservation in order to conserve the natural landscape and ecosystem of C Do parks, the pursuit of public value through conservation of mountainous district rather than the private interest of individuals through the development of the mountainous district should be given priority.

m. - Non-conformity (Omission) - The area for permission for development activities is the forest and field adjacent to C Do’s parks where the application is filed for permission for conversion - The area for permission for development activities is the forest and field adjacent to C Do’s parks where the preservation purpose is required, and is an area for preservation, which requires conservation, and the feasibility of the location, development, impact on the environment, the protection and creation of landscapes, and the minimization of damage to the surrounding natural scenery and fine view, and the building or structure is not in conformity with the standards that should not damage the surrounding natural scenery and fine view. As such, if the development and preservation in harmony is encouraged, thereby enhancing the sustainability of national land management and promoting harmony between the economic use and environmental conservation of the land, it does not comply with the provisions of Article 58(1) of the National Land Planning and Utilization Act,

On November 21, 2017, the Plaintiff filed a building report with the Defendant on November 21, 2017, on the construction of a single unit of a house with a building area of 61.83 square meters and a total floor area of 103.41 square meters (hereinafter “instant house”) with the Defendant on the instant land. The Defendant on December 21, 2017.

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