건축허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the disposition;
A. The Plaintiff is the owner of the land and the building on the ground of the land and the building in the Jeonan-gun, Chungcheongnam-gun, and the Defendant’s Intervenor (hereinafter “ Intervenor”) is the owner of the land D (hereinafter “the instant application site”) located in the Jeonan-nam-gun, Seoul-gun, an agricultural and forest area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
B. On March 8, 2018, an assistant intervenor filed an application for permission for construction (including an application for permission for development acts) with the purport that “one stable (hereinafter “the instant stable”) which is a “building area of 951.75 square meters, total floor area of 897.75 square meters, main purpose, and plant-related facilities,” with respect to the instant application site. The Defendant permitted the Plaintiff on June 1, 2018 following deliberation by the Urban Planning Committee under the National Land Planning and Utilization Act.
(hereinafter “instant disposition”). C.
On July 5, 2018, an assistant intervenor reported the commencement of construction to the Defendant, and started construction in the instant application site, and completed construction in March 5, 2020, and the Defendant approved the use of the instant stable on May 11, 2020.
The plaintiff filed the instant lawsuit on March 2, 2020, and on March 4, 2020, the complaint was served on the defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul 3 through 7, 13, Eul 1 through 6, and the purport of the whole pleadings and arguments
2. According to the Plaintiff’s assertion, the Act on the Use and Management of Livestock Excreta and the Ordinance on the Restriction on Livestock Raising of Nowan-gun, the raising of cattle is restricted within 100 meters from public-use facilities. The Plaintiff is operating a “E kindergarten site learning center,” which is a public-use facility used by many unspecified people in the previous-nam-gun Land C-U.S.-Gun building, and the instant application falls under the above facility and the zone where livestock raising is restricted within 2-3 meters away from the above facility and the
3. On the defense prior to the merits.