건축허가불허가처분무효확인등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 9, 2017, the Plaintiff filed an application for a building permit with the Defendant to build two facilities related to the same and plant (stock death) with a total floor space of 4,203.13 square meters and one attached building on the ground of 5,382 square meters (hereinafter “the instant application site”) in Asan-si, Busan-si (hereinafter “the instant application site”).
(hereinafter referred to as the “instant application”). The neighboring C of the site where a building permit application is filed has made a lot of contribution to the revitalization of the regional economy as one of the national and local expenses of KRW 3.9 billion in 195, and the fireworks created after the input of private capital, and as one of the major tourist destinations of our city where at least 150,000 visitors are found each year, where at least 700,000 visitors find, it is clear that the construction of money is likely to damage the image of a tourist destination as a tourist destination due to malodor, dust, etc. and to reduce the number of tourists, and thus, it is inappropriate to newly construct money.
On January 26, 2017, the Defendant rendered a disposition of non-permission for construction permit (new construction) against the Plaintiff on the following grounds:
(hereinafter “former Disposition”) C.
The Plaintiff filed an administrative suit against the Defendant, as the Daejeon District Court 2017Guhap10296, seeking the revocation of the previous disposition of this case. D.
Upon the amendment of the Ordinance on the Management and Disposal of Livestock Excreta of ASEAN on May 25, 2017 (amended by Ordinance No. 1645, May 25, 2017; amended by Ordinance No. 1692, Sept. 25, 2017; hereinafter “instant Ordinance”) in the said lawsuit, the area where livestock breeding restriction on pigs is limited was changed from the boundary line of housing at least five residential densely located within 800 meters to the lineal distance close to the boundary line of the livestock breeding facility.
E. On May 25, 2017, the Defendant prepared a topographic map regarding a modified livestock raising-restricted area and publicly announced on May 25, 2017 by the ASEAN official bulletin No. 2017-183, and made the topographic map itself in the notice.