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(영문) 대전지방법원 2015.04.30 2014구합104703

건축공사 중지 명령 취소 청구

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1. The Defendant’s order to suspend construction against the Plaintiff on November 20, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 4, 2013, the Plaintiff filed an application with the Defendant for a building permit for the construction of an animal and plant-related facility (a Dong Dong Dong Dong Dong) 2,520 square meters on the ground of B 1,877.5 square meters, C 3,00.9 square meters, D 2,05.4 square meters, 6,933.8 square meters, which is the aggregate of the 1,877.5 square meters, B 1,877.5 square meters, and C 3,000 square meters, and D 2,520 square meters, and the Defendant filed an application with the Defendant for a building permit for the construction of an animal and plant-related facility (a Dong Dong Dong Dong Dong Dong Dong Dong), which is 813.4 square meters, adjacent to the above place, and 1,169 square meters, G 1,78.3 square meters, 3,91.6 square meters, 14,650 square meters, and 300 square meters, respectively,2.

(hereinafter “each building permit of this case”). (b)

On May 24, 2013 after obtaining each building permit, the Plaintiff filed a report on the commencement of each construction project with the Defendant on May 24, 2013, and started construction works, such as money death, on the ground outside B and seven lots (hereinafter referred to as “instant building site”) and is currently underway construction works.

(hereinafter referred to as “new construction of this case”). C.

On November 20, 2014, the Defendant issued an order to suspend the instant new construction works for the following reasons.

(hereinafter referred to as “instant disposition”. The circumstances asserted that residents suffered serious damage to their daily lives due to wastewater and malodor emitted from the money shed and fertilizer plant located in the vicinity of the instant building site, and that the construction of the money company is opposing to the conclusion of a new construction, the construction order is ordered to suspend the construction until a smooth consultation is reached with the residents who want to restrain the construction due to a serious concern about safety accidents due to physical paralysis with the residents who want to restrain the construction, and the conflict is actively endeavored to resolve the smooth conflict through mutual dialogue.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 7, 8, Eul's 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. This.