beta
(영문) 전주지방법원 2020.07.09 2019구합1996

개발행위불허가처분취소

Text

1. On July 22, 2019, the Defendant’s disposition of non-permission to file an application for building permission with the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 6, 2019, the Plaintiff filed an application with the Defendant for a construction permit in the form of complex civil petitions, including permission for development to newly construct an animal crematory facility (a single animal crematory facility (office), a single animal crematory facility (a single animal crematory facility) and a single animal crematory facility) of a size of 460 square meters in the building area and a total floor area of 431.75 square meters on the ground of 231 square meters (hereinafter “the instant application site”).

(hereinafter “instant application”). At the time of filing an application for a building permit, the Plaintiff entered the permission for development activities as a package processing item, and supplemented the application for the permission for development activities on May 14, 2019.

B. The Defendant referred the instant application to the Urban Planning Committee for deliberation. On July 9, 2017, the Urban Planning Committee rejected the instant application on the grounds that “the need to restrict the installation of animal crematory facilities prior to the establishment of the master plan for animal funeral business for the systematic management of the city, and to restrict the installation of animal crematory facilities, funeral parlors and animal crematoriums adjacent to each other” was inappropriate.

C. Accordingly, on July 22, 2019, the Defendant, reflecting the details of the deliberation as above, rendered a disposition rejecting the instant application for the following reasons (hereinafter “instant rejection disposition”).

1. Permission for development activities, which are matters subject to legal fiction of building permission under Article 11 (5) of the Building Act;

2. Grounds for non-existence.

(a) Requirements to restrict the establishment of animal crematory facilities before the establishment of the master plan for animal cremation business at the time of the former week for the systematic management of the city (hereinafter “reasons for the first disposition”);

B. The location of the application shall be located in the vicinity of D and take into account the long-term development plan, such as the review of relocation due to urban expansion in the future (hereinafter “reasons for Disposition 2”).

C. The location of the facility is being used as the parking lot of the existing funeral hall, and the demand for parking in the existing funeral market is likely to occur when it is used for other purposes.