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(영문) 대구지방법원 2018.09.21 2018구합21035

건축신고 불수리처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 15, 2017, the Plaintiff filed a construction report including permission for development in the method of complex civil petitions with a view to newly constructing six animals and plants-related facilities of a total floor area of 2,138.4 square meters in a size of 2,138.4 square meters in total (hereinafter “instant application site”) with the Defendant of Kimcheon-si (hereinafter “Bri”) 2,949 square meters in C, D 1,398 square meters in total, and E 2,324 square meters in total (hereinafter “instant application site”).

Pursuant to Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), considering the actual use condition or land use plan, etc. of surrounding areas, there is concern over environmental pollution, such as air, water quality, soil contamination, dust dust, etc., due to the construction of money companies.

B. On November 1, 2017, the Defendant notified the Plaintiff that the building report was not accepted on the following grounds after deliberation by the Civil Petitions Conciliation Committee of Kimcheon-si.

(hereinafter referred to as “instant disposition”). C.

On November 22, 2017, the Plaintiff appealed against the instant disposition, and filed an administrative appeal with the Standing Provincial Administrative Appeals Commission, but the appeal was dismissed on December 18, 2017.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion 1), the Defendant did not state to the Plaintiff specific circumstances whether the instant application site was judged not to be in harmony with the actual use condition of neighboring areas or the land use plan, etc. Accordingly, the instant disposition violated the duty to present the reason for the disposition prescribed in Article 23(1) of the Administrative Procedures Act. 2) The Defendant asserts that the instant application site is likely to cause environmental pollution due to the construction of air, water quality, soil contamination and malodor, etc., as the instant disposition grounds.

However, in full view of the following circumstances, even if a money company was constructed at the place of the instant application, the foregoing shall apply.