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(영문) 전주지방법원 2017.02.09 2016구합343
건축불허가처분취소
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. The Plaintiff A Forest System (hereinafter “Plaintiff Forest System”) is a corporation established for the purpose of the penture operation business, cooking operation business, etc.

B. On July 31, 2015, the Plaintiffs filed an application for a multi-family house of 16,623 square meters in total (hereinafter “instant site”) with the aggregate of 16,623 square meters and total floor area of 6,39.12 square meters (28 Dong/3, 84 square meters) with the aggregate of 2,69.12 square meters (28 Dong/3, and 84 households) with the 5-story unit (15 households, building site area, 2,72 square meters, 481.9 square meters, 142.7 square meters, 63 square meters of multi-family houses (18 households, 3,266 square meters, 57.28 square meters of building area, 57.28 square meters of building area, 34 square meters of multi-family houses, 38 square meters of multi-family houses with the aggregate of 5-family houses, 18.3 square meters of the building area, 18314 square meters of multi-family house, 2534.7.

In order to newly construct B, an application for permission for mountainous district conversion, development activities (land form and quality change), including the application for permission (hereinafter referred to as "application of this case"), was filed in the form of complex civil petition.

C. On November 13, 2015, the Defendant rendered a disposition rejecting the instant application against the Plaintiffs for the following reasons (hereinafter “instant disposition”).

Grounds for Non-permission

A. The G Island member of the G Island at the place of application for a building permit is an excessive development of the G Island tourism resources of the Gunsan-gun, Si, Gun, in the city of Gun, which is not a "Pream" and is inappropriate for the public interest that damages natural scenery

The plan to convert a mountainous district is likely to harm the natural environment that has been preserved in G Island due to building plans, natural rock crushings, trees, etc. on the shore barriers, and to hinder the conservation of coastal landscape and coastal forest ecosystem.

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