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(영문) 광주지방법원 2020.08.27 2019구합14148

건축허가신청반려처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On June 12, 2019, the Plaintiff filed an application for permission for development activities and an application for a building permit in the form of complex civil petition (hereinafter “instant application”) with the Defendant for a new construction of facilities related to the same plant (hereinafter “the instant house”) on the B, C, D, E, and F ground 4,989 square meters (hereinafter “instant application site”).

On August 5, 2019, the Defendant rejected the instant application for permission of development on the grounds that consultation was rejected as a result of permission of development on the following grounds (hereinafter “instant disposition”).

The G Village (530 meters) and H Village (1.2 km) is formed in the vicinity of the application site of this case. G shelters is adjacent to a local river, and about 110 meters away from the application site of this case, G shelter creation (70 meters) is being promoted. The application of this case is connected to G J line (K) and G shelter creation (70 meters away from the 1110 meters away from the application site of this case. The application of this case is located in the lower region of I, and there is a water source water collection place, and there is a main facility and village such as the Myeon area. The application of this case is located in the lower region of the application site of this case to the extent that the number of natural monument No. 330 is discovered. Since the application of this case is located in the lower region of the application site of this case, damage to neighboring village residents due to malodor, noise, soil pollution, etc., damage to clean area, damage to the ecosystem and pollution of clean area, concern of non-permission of neighboring city plan development, etc.