건축허가신청 불허가처분취소
1. The Defendant’s disposition of non-permission to file a building permit with the Plaintiff on October 21, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On August 20, 2019, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly construct the facilities related to the same plant (Korean houses) with the total floor space of 2,158 square meters on the ground of Namwon-si B 6,137 square meters (hereinafter “instant application site”).
B. On October 21, 2019, the Defendant rendered a disposition of non-permission for construction (new construction) on the ground that the instant application was included in an area within 500 meters from the residential densely located area (five households) among the areas subject to the restriction on the management and use of livestock excreta in Namwon-si, Seoul Special Metropolitan City Ordinance on the Management and Use of Livestock Excreta (hereinafter “instant Ordinance”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) (1) Act on the Management and Use of Livestock Excreta, the upper-tier corporation of the instant Ordinance (hereinafter “Act on Livestock Excreta”).
Article 8(1) of the Act provides that a residential densely-populated area may be designated as a zone subject to restriction on raising livestock as prescribed by municipal ordinance of a local government with respect to any of the following areas, such as “area requiring the protection of a living environment.” This Ordinance defines “area where five or more households have created a village by recording their resident registration,” as “area with residential concentration” (Article 2 subparag. 7). The Ordinance defines an area within 500 meters from such area as “area with residential concentration” (Article 3(1) and Article 4 of the Act on the Regulation of Livestock Excreta as a zone with respect to the restriction on raising land and land (Article 3(1) and Article 4 of the same Act). However, the term “area with residential concentration” should be based on the actual residential facilities. Accordingly, the foregoing provision of the instant Ordinance is null and void as it goes beyond
Therefore, it has been transferred on the resident registration.