건축허가신청반려처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. On October 7, 2015, the Plaintiff filed an application with the Defendant for permission for development and farmland diversion (hereinafter “instant application”) to construct Class II neighborhood living facilities (a manufacturing facility; hereinafter “instant neighborhood living facilities”) on the ground of 97.5 square meters in building area, 8.35 meters in height, and 1st floor size on the ground (hereinafter “instant application site”).
B. On October 22, 2015, the Defendant notified the Plaintiff of non-permission of the instant application on the following grounds (hereinafter “instant disposition”).
Grounds for non-permission - Consultation on development acts to be processed by legal fiction under the provisions of Article 11 (5) 3 of the Building Act - An application filed shall be inappropriate as the location of a manufacturing establishment, such as concerns over damage to the rural residential environment and rural residential environment, in the immediately preceding of the natural village, etc. as a Class-I general residential area, and the location of the manufacturing establishment is at risk of damage to the manufacturing establishment.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant application for procedural illegality is a kind of complex civil petition that includes permission for development activities regarding “land form and quality change”. As the Defendant did not hold a civil petition coordination committee in accordance with the Civil Petitions Treatment Act and its Enforcement Decree to deliberate on whether to accept the instant application, there is an error of law in failing to undergo lawful procedures prescribed by the Act and the Presidential Decree. 2) As long as the application for a building permit does not fall under the grounds for restriction prescribed by the relevant Act and the relevant Act and subordinate statutes, a building permit holder should, in principle, grant a building permit. The instant application which is a Class 1 general residential area, does not have any problem under the relevant Act and subordinate statutes in constructing a Class