건축허가신청 불허가 처분 취소
1. On February 15, 2016, the Defendant’s disposition of non-permission regarding the application for building permit filed with the Plaintiff shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On January 28, 2016, the Plaintiff filed an application with the Defendant for a building permit, including a permit for development and a permit for diversion of farmland, to newly construct a Class I neighborhood living facility (retail stores) on the ground of 428.4 square meters above the building area on the ground of 27,816 square meters (hereinafter “instant land”).
B. On February 15, 2016, the Defendant rendered a disposition rejecting the instant application for the following reasons (hereinafter “instant disposition”).
As a result of consultation with the relevant departments on the case of application for a building permit, since the above parcel is included in D General Industrial Complex Development Plans, it may cause property loss due to the removal of buildings, etc. when the construction of a building is in progress or after completion of the development of an industrial complex.
Although the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, the Gyeongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on April 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In full view of the circumstances below the Plaintiff’s assertion, the instant disposition is in violation of the principle of proportionality and the principle of equality, and is in violation of the principle of discretionary power, and thus ought to be revoked in an unlawful manner.
1. The Defendant established a plan to develop D general industrial complex around September 2009; however, until seven years have passed since it was designated as a general industrial complex, the possibility of realizing the industrial complex development plan is low, and in particular, it is difficult to expect that the instant land will be located at the side of the planned area of the industrial complex, and it is difficult to expect an end user to appear. Thus, if a building is newly constructed on the instant land, the building may be removed.