beta
(영문) 춘천지방법원 2018.12.04 2016구합51830

공장 건축 불허가 처분 취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. On June 16, 2016, the Plaintiff filed an application with the Defendant for a building permit with the content of constructing (new construction) a ready-mixed factory on each parcel of land indicated on “land lot number” as indicated in attached Table 1(1) attached hereto (hereinafter collectively “land of one district”). B. On August 19, 2016, the Plaintiff filed an application with the Defendant for a building permit with the content of constructing (new construction) a ready-mixed factory (hereinafter referred to as “new construction”) on each parcel of land indicated on “land lot number” as indicated in attached Table 1(2) attached Table 1(hereinafter referred to as “two district land” in total; hereinafter referred to as “instant application site”; and the Plaintiff filed an application with the Defendant for a building permit with the content of constructing (new construction) a new factory (hereinafter referred to as “instant factory”).

C. As a result of deliberation on the Plaintiff’s application for construction permission on September 27, 2016, the Chuncheon City Urban Planning Committee concluded the following conclusion. On October 10, 2016, the Defendant rejected all of the Plaintiff’s application for construction permission according to the aforementioned deliberation result.

(hereinafter referred to as "each of the instant dispositions") 1. The filing of the instant application is the place where approximately 1,300 maws are raised in Chuncheon as the most densely-populated area, where there is a single cattle shed;

(a) A concern that water shortage (livestock water, agricultural water, potable water, etc.) occurs to the neighboring area when groundwater is used due to the establishment of a ready-mixed factory in an area where local waterworks is not supplied;

(b) A concern over the occurrence of a threat of residents' livelihood due to harmful substances to livestock, such as dust dust, etc. generated from a ready-mixed factory and transport vehicle;

(c) Occurrence of dangers to residents' livelihood caused by stress generated by noise generated from ready-mixed factories and vehicles for transportation due to livestock's pregnancy and childbirth;

(d) A concern about the occurrence of a livestock health and sanitation problem due to the inflow of harmful substances into the surface and river near the place of application by wastewater generated from a ready-mixed factory;

E. "Grounds for Disposition 1" in total is anticipated to make it impossible to control an external vehicle when a malicious contagious animal disease occurs.

2. This.