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(영문) 대구지방법원 2019.06.12 2018구합25358
개발행위허가 불가처분취소
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. On September 2017, pursuant to Article 33 of the Support for Small and Medium Enterprise Establishment Act, the Plaintiffs filed an application with the Defendant for permission for development activities, permission for conversion, etc. (hereinafter “instant business plan”) with the aim of developing a factory site for the purpose of operating the manufacturing business of automobile parts as indicated in the table, under the aggregate area of 169,091 square meters in Yeongdeungpo-si, Youngcheon-si, E, and 33,322 square meters in F forest, 36,418 square meters in G forest, and 46,418 square meters in G forest, and 5,190 square meters in H, 645 square meters in Gu, and 630 square meters in J before K, 738 square meters, 738 square meters in Gu before K, 83 square meters in 1,983 square meters in Gu before M, 9,000 square meters in 69,087 square meters before N. (hereinafter “instant application”).

(1) The Plaintiff filed an application for approval of this case: (a) the business area of the Plaintiff; (2) the business area of the Plaintiff; (3) the business area of the Plaintiff filed an application: (4) the business of manufacturing parts for vehicles with a 4,913 square meters wide; and (4) the business of manufacturing parts for vehicles with a 4,913 square meters wide; and (3) the business of manufacturing parts for automobiles with a 11,743 square meters wide and other parts for automobiles with a 27,344 square meters wide

B. As to this, the defendant from May 10, 2018 to the same year.

7. By the end of 27. 5 times, the Urban Planning Committee deliberated on five occasions and requested the Plaintiffs to supplement the instant project plan.

Accordingly, the Plaintiffs changed the instant business plan by adjusting the net embling volume from 34,368 square meters to 1,443 square meters, excluding part of the project site, thereby reducing the total business area to 43,228 square meters. However, on July 27, 2018, the Urban Planning Committee of the Republic of Korea, on the ground that “the supplementary data is insufficient,” etc. was suspended.

C. The Defendant shall undergo deliberation by the Final Urban Planning Committee on September 21, 2018, and the same year.

9. 28. <1> The application of this case does not fall under the place of development in consideration of the appropriateness of the location, and <2> The application of this case is a forest that is a land use conservation area and an agricultural and forest area and is in harmony with the surrounding area because of the excessive topographical change.

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