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(영문) 창원지방법원 2016.05.17 2015구합23098
개발행위 변경 불허가처분 취소
Text

1. On October 20, 2015, the Defendant’s disposition of non-permission for change of development activities with respect to the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. On September 10, 2012, the Defendant accepted a report on changes in the construction report for the construction of the second floor, detached houses and storage (a building area of 302.49 square meters and a total floor area of 329.79 square meters) on the ground of 2,740 square meters of forest land B in Haan-gun-gun, Chungcheongnam-do (hereinafter “instant housing site”) with respect to the Plaintiff (a blanket treatment of changes in development activities).

B. The Plaintiff started the construction of the retaining wall on the instant housing site. Unlike that the retaining wall design drawing originally permitted was required to install the retaining wall at a height of 4.8 meters on the south bottom of the building site of the instant housing site, such as “before modification” as in the attached Form No. 1, the retaining wall design drawing was installed on the ground of 4.8 meters on the south bottom of the building site of the instant housing site, the Plaintiff, like the “after modification” of the attached Form No. 1, was in the shape of protruding away on the adjacent land (within the scope of the Plaintiff’s land). The ground on the south bottom of the instant housing site of the instant housing site at a level of 1m, cut down at a level of 1 to 2.5m high retaining wall at a height of 1 to 1.5m on that day, and then he

C. On July 27, 2015, the Defendant requested the Plaintiff to restore the retaining wall to its original state by September 30, 2015, on the ground that the retaining wall was constructed differently from the approved design drawings.

On October 2015, the Plaintiff filed an application with the Defendant for permission to alter development activities with the content of changing the design drawing of retaining walls as currently constructed.

E. On October 20, 2015, the Defendant rendered a disposition not to grant permission to change development activities (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

A person who intends to obtain permission for change of development activities shall obtain permission for change in advance pursuant to Article 56 (2) of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), but fails to implement the procedure.

With respect to a voluntarily constructed structure, damage to the surrounding living environment (insufficient shielding space) occurs. Permission for development activities shall be prevented in consideration of the appropriateness of the project plan, relationship with surrounding areas, etc.

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