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(영문) 의정부지방법원 2014.10.14 2013구합3684
창업사업계획승인신청불가처분등취소
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 September 25, 2013, the Plaintiff was subject to a provisional disposition not under a business plan for the establishment of the Defendant Pakistan market. The Plaintiff is subject to the former Support for Small and Medium Enterprise Establishment Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “Business Start-up Support Act”).

) Pursuant to Article 33, the Pakistan-si D (hereinafter referred to as “D”) is farmland.

B) The instant factory site is deemed as 914 square meters and E 1,042 square meters (hereinafter “instant factory site”).

(2) On December 3, 2013, in order to establish a factory with a total floor area of 750 square meters and run a detailed material manufacturing business, the application for approval for establishment of a factory, application for permission for diversion of farmland, application for permission for development activities, etc. (land alteration of form and quality) was filed with the Plaintiff on December 3, 2013. As the instant factory site related to permission for diversion of farmland falls under the central part of a farmland axis located in a planned control area and a boundary area of a production control area, it is necessary to preserve farmland due to the implementation of a landscape rearrangement project in the 1980s, and thus, it is not in conformity with the standards under Article 37 of the Farmland Act and Article 33 of the Enforcement Decree of the same Act. In relation to permission for development activities, the application for approval for a project plan does not meet the requirements under Article 61 of the former National Land Planning and Utilization Act (amended by Act No. 11690, Jul. 16, 2013; hereinafter “National Land Planning Act”).

B. Disposition 1 of non-acceptance of the construction report by the head of Si/Gu/Eup 1) on September 25, 2013 by the Plaintiff, to the head of Si/Gu/Eup, and the former Building Act (amended by Act No. 12246, Jul. 16, 2013; hereinafter “Building Act”)

(C) Pursuant to Article 11, the office of this case is 1,025 square meters, F 2,263 square meters (hereinafter referred to as “the office of this case”).

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