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 December 31, 2015, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly build animal and plant-related facilities on the land outside 1018-8 and three parcels, Gunsan-si, 1018-8, and on the ground (hereinafter “instant livestock shed”).
B. On January 12, 2016, the Defendant demanded the Plaintiff to submit to the Plaintiff a supplementary document by February 5, 2016, including design documents, small-scale environmental impact assessment reports, deliberation documents of the Urban Planning Committee for permission for development activities, legislative consultation documents, etc. under Article 11(5) of the Building Act, but the Plaintiff failed to submit supplementary documents by the said period.
C. On February 11, 2016, the Defendant demanded the submission of supplementary documents by February 29, 2016, in addition to the documents required prior to the submission of written consent from the residents.
The plaintiff requested the defendant to extend the period for supplementation, and the defendant extended the period for supplementation on two occasions by December 30, 2016.
1. The deficiencies of design documents (such as structural drawings and windows) under Article 11 (3) of the Building Act;
2. Submission of the legal fiction consultation documents under the provisions of Article 11 (5) of the Building Act.
3. Where the project plan in an agricultural and forest area is not less than 7,500§³ pursuant to attached Table 4 of the Enforcement Decree of the Environmental Impact Assessment Act, a small environmental impact assessment project shall be requested to hold consultation, but the relevant documents not submitted
4. A restriction on raising livestock in the case of a partially restricted area pursuant to Article 4 of the Ordinance on the Restriction on Raising of Livestock in Gunsan, but a household residing in a partially restricted area shall consent to at least 80/100 of the new construction of livestock pens and shall obtain prior consent from the neighboring household members of the relevant livestock shed (the need to supplement written consent);
D. The Plaintiff did not submit supplementary documents by December 30, 2016, the period for supplementation extended by the Plaintiff, and the Defendant on January 17, 2017.