건축신고 불허가 처분 취소
1. The Defendant’s disposition of non-permission on July 14, 2017 against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On June 29, 2017, the Plaintiff filed a building report (hereinafter “instant building report”) with the Defendant to newly construct animal and plant-related facilities (livestock breeding facilities - fluories) on the ground of 1,107 square meters (hereinafter “the instant application site”) prior to Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “the instant application site”). 2 Dong (1 Dong, 385 square meters per week, 2 Dong 213.85 square meters per week, and total building area, 598.85 square meters per annum).
B. The Ordinance on the Management and Use of Cheongju-si, which was in force at the time of the instant construction report, was partially amended on July 7, 2017, thereby expanding the area where the raising of pigs is restricted from “within 500 meters in a radius of 1,00 meters from the population concentration area with a population of at least 10 households” to “within 1,000 meters in a radius of 500 meters,” and the amended Ordinance (Article 648 of the Ordinance of Cheongbuk-do, Chungcheongnam-do, and the amended Ordinance (hereinafter “the instant Ordinance”) was enforced from July 7, 2017, which was the date the change of the topographic map was announced.
C. The instant application does not belong to the area where livestock raising is restricted if it is subject to the Gu Ordinance, but if it is subject to the instant Ordinance, it became within 1,000 meters from the population density area. D.
On July 14, 2017, the Defendant did not accept the instant building report on the ground that the Plaintiff did not accept the instant building report on the ground that “the instant application falls under the area partially restricted on the raising of livestock pursuant to the instant ordinances, and thus, it is not possible to permit the installation of livestock excreta discharge facilities pursuant to Article 8 of the Act on the Management and Use of Livestock Excreta
(hereinafter “Disposition in this case”). / [Grounds for recognition] The entry in Gap’s 1, 3, and 4 (including provisional numbers; hereinafter the same shall apply), Eul’s 5, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion stated the period for handling the instant building report as of July 6, 2017, and thus, the Defendant filed a civil petition.