logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.11.01 2018누11348
개발행위불허가처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of non-permission to engage in development activities on September 13, 2017 is revoked.

3.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as follows, the part of the judgment on the Plaintiff’s assertion of abuse of discretion (Articles 4, 18, and 8, and 6) is re-written as to the Plaintiff’s assertion of abuse of discretion (Articles 4, 18, and 8, and 6), and the attached Form is as stated in the reasoning of the judgment of the court of first instance, and it is also cited in accordance with Article 8(2)

2. Determination on the Plaintiff’s assertion of abuse of discretionary power

A. Article 56(1)1 and 2, and Article 58(1) of the National Land Planning and Utilization Act provide that “the installation of a structure and the permission for the alteration of the form and quality of land shall be subject to permission for development activities.” Article 58(1)4 and 58(3)3 of the National Land Planning and Utilization Act provides that an administrative agency shall grant permission for development activities only when the application for permission for development activities satisfies the standards for permission for development activities. Article 58(1)3 of the National Land Planning and Utilization Act, and Enforcement Decree of the former National Land Planning and Utilization Act (amended by Presidential Decree No. 2852

Article 56(1) [Attachment Table 1-2](a), (d), (2)(b), etc. does not correspond to excellent farmland, etc. with respect to the standards for permission of development activities, and thus no preservation is required. In the case of changing the form and quality of land, the standards prescribed by the urban planning municipal ordinance concerning the gradient, clinical trees, drainage, etc. of the land shall be met, in harmony with the surrounding environment or landscape (specific, buildings or structures constructed or installed due to development activities shall not damage the surrounding natural scenery and landscape, and their height, form and color shall be in harmony with the surrounding buildings; if a landscape plan is established by urban planning, they shall be appropriate; if development activities do not constitute air pollution, water pollution, soil pollution, noise, vibration, vibration, dust, dust, dust, etc.; and environmental pollution, destruction, damage, etc. caused by environmental pollution, destruction, etc. in the relevant area and its surrounding area due to development activities.

arrow