건축허가취소 등 취소의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 28, 2014, the Plaintiff filed an application for a building permit with the Defendant on May 30, 2014, which is “a building area of 396.63 square meters, total floor area of 1,516.23 square meters, a main building, one attached building, two annexed buildings, and a sports facility for the main purpose of use,” with a view to inserting a riding track on the ground of 9,815 square meters (hereinafter “instant site”).
B. Accordingly, on June 23, 2014, the Defendant: (a) granted permission to occupy and use a total of 518 square meters to the Plaintiff on the Seo-gu, Seo-gu, Gwangju; and (b) granted permission to construct the said riding track on June 27, 2014.
C. Since then, the Plaintiff started construction of the instant site in accordance with the above construction permit, and the Defendant ordered the Plaintiff to suspend construction on March 27, 2015 on the ground that “Around January 20, 2015, the Plaintiff did not perform the small-scale environmental impact assessment prior to the business permission,” pursuant to Article 43 of the Environmental Impact Assessment Act (amended by Act No. 13040, Jan. 2015; hereinafter the same), etc., and the Yeongsan and Seomjin basin Environmental Office also requested the Plaintiff to suspend construction on the same ground.
On June 3, 2015, Gwangju Metropolitan City has audited the defendant whether the above building permit, etc. was properly made, and notified the defendant of the audit results that "the public official in charge has committed a violation, such as failing to conduct a request for consultation on small environmental impact assessment regarding the above building permit."
E. After September 23, 2015, the Defendant revoked the construction permit (hereinafter “instant disposition”) for the following reasons.
In accordance with Article 43 of the Environmental Impact Assessment Act and Article 59 [Attachment Table 4] of the Enforcement Decree of the same Act, where the area of the business within the development restriction zone is not less than 5,000 square meters, a small-scale environmental impact assessment report prior to the permission of the project shall