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(영문) 수원지방법원 2016.06.16 2015구합68933
개발행위불허가처분취소
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 March 11, 2015, the Plaintiff filed an application for permission for development activities (land form and quality alteration) in accordance with Article 57 of the National Land Planning and Utilization Act with a view to constructing a detached house of the size of 677 square meters in the area of 677 square meters among the area of 800 square meters and C 2,542 square meters (hereinafter collectively referred to as the “instant application site”), which is one story and the total floor area of 79.08 square meters, with respect to the Defendant.

B. On March 27, 2015, the Defendant rendered a disposition of non-permission to engage in development activities (hereinafter “instant disposition”) on the ground that: (a) in the connecting prohibition section under Article 6 of the Ordinance on Connections between Roads and other Roads (hereinafter “instant Ordinance”), which is permissible to enter the instant site from E, part of the national highways D, to the application site of the instant case; (b) there is no permission to connect roads for the purpose of entry into the road, on the ground that it falls short of the standards for road width under Article 44 of the Building Act.

C. On June 17, 2015, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. However, on June 17, 2015, the Gyeonggi-do Administrative Appeals Commission rejected the instant administrative appeal on the grounds that the instant disposition based on the grounds (i) was lawful, and the Plaintiff was served with a written ruling on the said administrative appeal on June 29, 2015.

On the other hand, in order to enter the land of this case in E, it is necessary to use a two-lane reduction lane (including theme 95m) and may enter the local highway through the above rapid reduction lane.

The current status of the instant application site, the instant land, national highways D, and E (applicable to the main line) and local highways G (applicable to the intersection road) (attached Form 1) shall be the same as the image of the photograph.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 5, Gap evidence No. 4, Eul evidence No. 3, the purport of the whole pleadings

2. The instant disposition is made.

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