건축불허가처분취소
1. The Defendant’s provisional disposition of denying construction against the Plaintiffs on September 13, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On June 24, 2016, the Plaintiffs filed an application for a building permit with the Defendant to newly construct 18 units of the 2nd floor factory building on the instant land (hereinafter “instant factory”) on the instant land (hereinafter “instant application for building permit”).
B. On September 13, 2016, the Defendant rejected the instant application for construction permit on the following grounds:
(hereinafter “instant disposition”). The instant disposition is adjacent to the natural green belt and existing residential area (house site) on the boundary of North Korea H, but it is assumed that the area adjoining to the front road is divided into several parcels of land (hereinafter “road in this case”) on the front road, and the noise, dust, etc. generated by factory operation is anticipated to cause damage to the public interest due to noise, dust, etc.
The Plaintiffs were dissatisfied with the instant disposition and filed an appeal with the Busan Metropolitan City Administrative Appeals Commission, but the said commission dismissed the appeal on December 27, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2.