건축허가신청반려처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 18, 2018, the Plaintiff purchased gold luminous 1557-10, 157-11, 1559-9, 1559-10, and 1559-11 (hereinafter “instant land”) at the Sinsan-si, Sinsan-si, Sinsan-si, and completed the registration of ownership transfer on June 5, 2015. On December 31, 2015, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”).
B. After examining the instant application documents, the Defendant demanded to supplement the design documents, small-scale environmental impact assessment reports, and documents for deliberation by the Urban Planning Committee for permission for development activities until February 5, 2016, after examining the instant application documents.
(hereinafter “The first request for supplement”). As the Plaintiff failed to supplement the documents within the prescribed period, the Defendant demanded that the written consent of the residents pursuant to the Ordinance on the Restriction on Livestock Raising in the Military and Mountain Villages be supplemented by February 29, 2016 (hereinafter “the second request for supplement”) in addition to the documents requested to supplement on February 11, 2016.
On February 26, 2016, the Plaintiff requested to extend the period for supplementation by May 31, 2016, since it is necessary to supplement the small-scale environmental impact assessment report and the written consent of residents on February 26, 2016. The Defendant extended the period for supplementation as above.
On May 26, 2016, the Plaintiff again requested to extend the period for supplementation by December 30, 2016, and the Defendant had extended the period for supplementation by the said request. D.
As the Plaintiff failed to submit supplementary documents by December 30, 2016, the Defendant rejected the instant application on January 7, 2017 (hereinafter “instant disposition”).
The reasons for the disposition shall be as follows:
Where the area of a business plan in an agricultural and forest area is at least 7,500 square meters pursuant to attached Table 4 of the Enforcement Decree of the Environmental Impact Assessment Act, pursuant to the provisions of attached Table 4 of the Enforcement Decree of the Building Act, in respect of the failure to submit deemed consultation documents under Article 11(5) of the Building Act (such as permission for development, permission for diversion of farmland, fire-fighting agreement, etc.)