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(영문) 광주지방법원 2018.06.14 2017구합11473

건축허가무효확인청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On March 29, 2016, A filed an application with the Defendant for a building permit to build two identical plant-related facilities of 1,646.4 square meters in total building area on the ground (hereinafter collectively referred to as “instant application site”) on the ground of Hagu-gun, Chungcheongnam-gun, D, E, and F (hereinafter referred to as “instant application site”). On July 7, 2016, the Defendant permitted the instant building permit (hereinafter referred to as “instant building permit disposition”).

B. On October 3, 2017, A died, and on November 24, 2017, the Intervenor, who was the son, changed the owner of the instant construction permit from A to A to the Intervenor. On December 24, 2017, the Defendant accepted the change (hereinafter “instant repair disposition”) on December 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1, Eul evidence 3 (including each number, hereinafter the same), the purport of the whole pleadings

2. Article 4(4) of the former Ordinance on the Restriction on the Raising of Livestock of Hagu-gun (amended by Ordinance No. 2350, May 15, 2017; hereinafter referred to as the “Ordinance of Hagu-gun”) does not apply to the Plaintiffs’ claim that “The instant application for construction permit constitutes a new construction, not an extension or reconstruction, with the content of removal of existing livestock pens and construction of new livestock pens.”

Even if this is considered as an extension or rebuilding of an existing livestock shed, the area of the instant livestock shed is a total of 1,646.4 square meters, and the total of 970.4 square meters of the existing livestock shed’s construction area exceeds 50 square meters, thereby violating Article 4(4) of the Bupyeong-gun Ordinance.

Therefore, the instant building permit disposition is null and void because its defect is significant and apparent, and the instant modification and repair disposition should be revoked as long as the instant building permit disposition, which is the premise thereof, is null and void.

3. Attached Form 2 of the relevant Acts and subordinate statutes;

4. Facts of recognition;

(a) The net A shall expire on February 14, 2005;