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(영문) 광주지방법원 2018.11.15 2018구합10835

건축허가신청불허가처분취소

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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 December 9, 2016, the Plaintiff filed an application for permission for development activities (hereinafter “instant application”) with the Defendant to newly build Dong and plant-related facilities of 2,502 square meters in total floor area on the ground of three lots, such as Jeonsung-gun, Jeonsung-gun (hereinafter “instant site”).

B. The Defendant requested for deliberation by the Bosong Gun Planning Committee. The Bosong Gun Planning Committee rejected the following reasons as a result of the review on February 15, 2017, re-deliberation on April 4, 2017, and re-deliberation on June 22, 2017.

It is necessary to protect residents from malodor, etc. that may arise from the business, and to preserve the natural environment, such as nearby clean coasts, etc., where the application form for the protection of the protected species is filed.

C. On July 11, 2017, the Defendant rejected the instant application against the Plaintiff for the following reasons (hereinafter “instant disposition”).

1) The criteria for permission for development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) may be granted following deliberation by the Gun Planning Committee under Article 59 of the National Land Planning Act (hereinafter “National Land Planning Act”). However, the procedures for permission for development activities are limited to three times in repeated deliberation of Article 75(4) of the Ordinance on the Gun Planning of Bosung-gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun 2) pursuant to Article 58(1)4 of the National Land Planning Act and Article 56(1)2 of the Enforcement Decree of the National Land Planning and Utilization Act and attached Table 1-2 of the Enforcement Decree of the same Act, which are likely to cause water pollution and soil pollution due to inflow of livestock wastewater in neighboring rivers, which are

D. On August 3, 2017, the Plaintiff is Jeonnam-do.