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(영문) 의정부지방법원 2018.11.13 2018구합10144
개발제한구역 행위(용도변경) 불허가 처분 취소 청구의 소
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1. Of the instant lawsuit, a public announcement of the selection of a person subject to change of the purpose of a temporary restaurant on May 3, 2018, the C Sewage Treatment Center D.

Reasons

Details of the disposition

On December 28, 2012, the Gyeonggi-do Governor designated eight natural village (F, G, E, H, I, J, K, and L), including natural village, as one environmental improvement zone (total number of houses 278).

On December 8, 2017, the Plaintiff filed an application with the Defendant for permission to change the purpose of the ground-based detached house into a general restaurant (use change) with respect to the land N (hereinafter referred to as “instant application land”) in Namyang-si, the Southern-si, the Southern-si, the natural village. On December 15, 2017, the Defendant rejected the Plaintiff’s application on the ground that “The instant application land can only be changed to a rest or a general restaurant within the extent of 5% of the total number of houses only for the native residents, but it is impossible to change the purpose of use of the instant land exceeding 5% with respect to the instant application land” (hereinafter referred to as “the first disposition of this case”).

On January 23, 2018, the Governor of the Gyeonggi-do designated three natural village (F, E, and G) as one environmental improvement zone (total lake No. 207) including the natural village in which the instant land is located.

On March 8, 2018, the Plaintiff again filed an application with the Defendant for permission to change the purpose of use of a development-restricted zone to a general restaurant for a general restaurant for the instant land, and on March 21, 2018, the Defendant applied for permission to change the purpose of use of a house to a general restaurant for a general restaurant for a development-restricted zone (use alteration). On March 21, 2018, “The instant land applied for registration is designated as a water-source improvement zone pursuant to Article 15 subparag. 2 (d) of the Water Supply and Waterworks Management Rules, and only a resident (Article 2 subparag. 4 of the Water Supply and Waterworks Management Rules) within the extent of 5% of the total number of houses in the said area can change the purpose of use to a general restaurant for a general restaurant. In

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