건축허가신청반려처분취소
The defendant's disposition of rejecting an application for building permit filed against the plaintiff on October 23, 2018 shall be revoked.
The costs of lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On September 18, 2018, the Plaintiff filed an application with the Defendant for a building permit that newly constructs an animal and plant-related building (a stable) with the total floor area of 2,088 square meters on the ground of Yangju-si, B 5,126 square meters (hereinafter “instant land”).
B. On October 23, 2018, the Defendant rejected the Plaintiff’s application for building permission on the ground that the Plaintiff’s application for building permission on the ground that “the Plaintiff’s application for building permission is to be filed again after the resolution of civil petitions filed by residents of neighboring residential areas as it falls under any other restricted area under the Act on the Management and Use of Livestock Excreta as a collective petition for construction of a new livestock shed due to damage to the residential environment from residents
(hereinafter “instant disposition”). C.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on March 25, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Act on the Management and Use of Livestock Excreta in Claim for the Nullity of the instant disposition Ordinance (hereinafter “the Livestock Excreta Act”).
Article 8(1) (hereinafter “instant delegation clause”)
A) The Local Government shall designate and publicly notify an area in which restriction on raising of livestock is deemed necessary among the areas specified in any subparagraph of the same paragraph, as prescribed by municipal ordinance of the local government. The Ordinance on the Management and Use of Livestock Excreta in Yangju as a result of such delegation (hereinafter referred to as the “Ordinance”).
Article 3(1) and attached Table 1 of the Act stipulate that “an area where a group civil petition is continuously filed by residents in an area where neighboring residence is densely concentrated on the ground of residential environment damage” as a zone where raising livestock is restricted (hereinafter “instant ordinance clause”).
However, this case’s Ordinance.