건축신고 수리처분 철회신청 거부취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is a lessee with a 1/6 share of 1,322 square meters and a 25,884 square meters of farmland E with interest on the owner of the ownership of 1/6 square meters of 1,322 square meters of farmland in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-gu, Seo-gu, Seoul (hereinafter “the instant orchard”). The Plaintiff is operating an orchard that cultivates vessels from each of the above land (hereinafter “the instant
B. F (hereinafter “project owner”) issued a construction report to the Defendant on the ground of G field No. 3,980 square meters adjacent to each of the instant land (hereinafter “instant land”) on the date of 2018, wherein the construction area and the total floor area of the instant land are 417 square meters, and filed a report on the construction of a stable and a compost (hereinafter “instant stable”) around December 17, 2018.
On September 11, 2018, the Defendant accepted each of the above reports on construction, and on February 7, 2019, each of the above reports on construction (hereinafter collectively referred to as “instant repair disposition”).
(c)
On March 24, 2020, the Plaintiff filed an application with the Defendant for the withdrawal of the repair disposition of this case on the ground that: (a) the access road leading to the instant land (hereinafter “the access road of this case”) was not a road offered for general traffic; (b) the owner did not obtain the consent of use from the Plaintiff, etc. who is the owner of the relevant site; (c) the Plaintiff’s excessive operation of the Plaintiff’s orchard would incur serious damage due to malodor, garbage, etc. upon completion of the livestock shed of this case; and (c) the owner arbitrarily changed the form and quality of land without permission after the repair disposition of this case, or committed an illegal act, such as installing a drainage pipe, etc.
(d)
On April 9, 2020, the Defendant rendered a disposition rejecting the above application for the following reasons to the Plaintiff (hereinafter “this development permit related to this development permit – relating to malodor, damage to garbage, and concern of the discharge of livestock, which have been treated in accordance with Article 11(5) of the Building Act, in accordance with the specifications of livestock pens.