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 September 8, 2015, the Plaintiff filed an application for a building permit with the Defendant to newly build animal and plant-related facilities (satisfies) on the ground at the time of resident residence owned by the Plaintiff (hereinafter “instant application site”). However, on November 2, 2015, the Defendant rejected the Plaintiff’s application on the following grounds:
(hereinafter “Disposition in this case”). The ground for rejection - Violation of the livestock-raising restriction zone: The area located within 50 meters from a local river in accordance with Article 8 (Restrictions, etc. on Livestock Raising) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 13526, Dec. 1, 2015; hereinafter “former Livestock Excreta Act”) is in conflict with the restriction on livestock raising pursuant to Article 3 (restricted Area) of the former Ordinance on the Restriction on Livestock Raising at the time of residenting pursuant to Article 8 (Restrictions, etc. on Livestock Excreta) of the said Act (amended by Ordinance No. 1028, Nov. 20, 2015; hereinafter “instant Ordinance”).
B. The Plaintiff appealed and filed an administrative appeal on January 18, 2016. However, on March 10, 2016, the Plaintiff was dismissed by the Standing Committee on the Administrative Appeals against the Gyeonggi-do.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 15 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that the adjacent waterway of the instant application site is not a river under the River Act (section 1), and the formulation and publication of the basic river plan for local river C (amended) (Public Notice D of the Gyeongbuk-do; hereinafter “instant No. 1”).
(B) Determination of river areas and publication of topographic drawings (Public Notice E of the Gyeongbuk-do; hereinafter referred to as “instant second public notice”);
) From the Frith to G (the foregoing notice was changed from the Frith to the G branch line, but it is merely a non-detained administrative plan and thus has no external binding force, and the first notice of this case is given “the designation of the river name and the section or the public notice of the change or cancellation of the designation” under Article 10(1) of the River Act.