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(영문) 광주지방법원 2020.02.06 2019구합11538

건축허가불허가처분취소

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1. On February 28, 2019, the Defendant’s rejection of each construction permit against the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 30, 2017, Plaintiff A filed an application with the Defendant for a construction permit to newly build a stable on the ground of 1,864 square meters in Jeonnam-gun, Bosung-gun, Bosung-gun, and Plaintiff B filed an application for a construction permit with the Defendant on December 1, 2017 to build a stable on the ground of 3,519 square meters adjacent to the said land.

(hereinafter referred to as "land subject to permission of this case" under the joint title of the land for which plaintiffs filed an application for permission. The land subject to permission of this case constitutes an agricultural and forest area under Article 36 (1) 3 of the National Land Planning and Utilization Act.

1. A civil petition on January 17, 2018, in which there is a concern about the occurrence of living damage due to the location of a stable of resolution for re-deliberation, and supplementation of measures to reduce environmental pollution, such as malodor;

2. A civil petition filed on June 19, 2018 for the concern of damage to the livelihood of residents, such as malodor and pollution of water sources caused by the grouping of livestock pens following the resolution of re-deliberation, and supplementation of the countermeasures following

3. There is a civil petition that concerns over living damage, such as malodor, due to the location of a stable, subject to resolution through re-deliberation on October 22, 2018, and the absence of measures to review the petition and to supplement the countermeasures therefor;

B. From January 17, 2018 to October 22, 2018, the Bosung-gun Urban Planning Committee deliberated and reviewed each permission for development activities deemed to have been granted pursuant to Article 11(5)3 of the Building Act in relation to the Plaintiffs’ application for each construction permit three times from January 17, 2018 to October 22, 2018, and decided on each case for the following reasons.

C. On December 12, 2018, the Defendant: (a) to the Plaintiffs on December 12, 2018, based on the review results by the Bosung-gun Urban Planning Committee (the “Urban Planning Committee” established pursuant to Articles 3 and 6 of the Special Act on the Simplification of Authorization and Permission Procedures for Land Use more than three times for Deliberation by the Urban Planning Committee (the “Local Urban Planning Committee” was enacted by Ministry of Land, Infrastructure and Transport Directive 671 on February 18, 2016), three times including the first deliberation.