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(영문) 부산지방법원 2015.06.04 2014구합23063
건축신고서처리불가처분취소청구의소
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 July 25, 2014, the Plaintiff filed a construction report (including permission to engage in development activities deemed to be treated pursuant to Article 11(5) of the Building Act, which applies mutatis mutandis under Article 14(2) of the same Act) with the Defendant, to newly construct the detailed building area of 41.6 square meters, total floor area of 41.6 square meters, and one story (one Dong) on the land (hereinafter “instant land”), which is an automobile-related facility of 41.6 square meters, total floor area of 41.6 square meters, and one story (one Dong).

B. However, the Defendant rendered a disposition not to file a construction report (hereinafter “instant disposition”) on October 30, 2014, deeming that “the permission to engage in constructively processed activities is not allowed due to the loss of the function of installing a secondary road, the establishment of a transportation management plan, the loss of the buffer green belt function, the inconvenience of residents due to the location of the buffer zone, etc.” on the ground that the building report was subject to deliberation by the captain-gun Urban Planning Committee pursuant to Article 59(1) of the National Land Planning and Utilization Act and Article 57(1)1-2 of the Enforcement Decree of the same Act.”

C. On the other hand, the land of this case has farming and dry field, the left side of the village is the existing road (the acquisition road the width of which is less than 4m) in the village, and the buffer zone is set up between the buffer zone and the right side, and the road is constructed so as not to cause inconvenience to the residents using the existing road when converting the existing road into the exclusive road for motor vehicles. There is a little of 5m width, and there is a connection of about 10m from the above side and the body road to the 6th line C, and there is a buffer zone again between the above side and C.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 to 5, 7 to 11, Eul evidence 1 and 2 (including branch numbers), the result of the examination by this court.

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