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(영문) 광주고등법원 2018.11.08 2018누4563

건축허가사항 변경신청 불허가처분 취소청구

Text

1. Revocation of the first instance judgment.

2. The Defendant’s change of the construction permit granted to the Plaintiff on April 10, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company aimed at managing agricultural and livestock products and its incidental business.

B. On January 3, 2012, the Plaintiff: (a) obtained a building permit from the Defendant to build animal and plant-related facilities (hereinafter “the instant application site”); and (b) constructed originals; and (c) engaged in breeding of originals and selling of eggs.

C. On February 28, 2017, the Plaintiff filed an application for the change of the main purpose of the facility related to animals and plants to a facility related to animals and plants (d).

On April 10, 2017, the Defendant rendered a non-permission disposition (hereinafter “instant disposition”) on the ground that the instant application had neighboring houses within 600 meters as the relative restriction area under Article 4(2) of the former Ordinance on the Restriction of Livestock Raising (amended by the former Ordinance No. 2350, May 15, 2017; hereinafter “instant Ordinance”) (hereinafter “instant Ordinance”).

E. On May 26, 2017, the Defendant sent reply to the purport that the instant disposition was rendered on the Plaintiff’s petition for civil petition filed by the Plaintiff requesting the instant disposition, on the grounds that there exist 2 or 7 real residence houses as indicated in the following table (hereinafter “instant table”) within 600 meters of the filing date of the instant application.

The number of divided lot Nos. 1 is 1, 1, 1, 1, 1, 2, 2, 2, 1, 2, 2, 2, 2, 2, 2, 3, 2, 2, 3, 3, 4, 4, 5, 5, 5, 5, 5, 5, 1, 6, 6, 6, 7, 7, 2, 2, 2, 6, 7, 7, 2, 2, 3, 2, 3, 3, 2, 2, 2, 3, 2, 2, 3, 2, 3, 2, 2, 3, 2, 3, 3, 2, 2, and 3,2,2, and 4