건축허가신청불허가처분 취소의 소
1. The Defendant’s disposition of non-permission to file an application for building permission with the Plaintiff on March 6, 2018 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is a company established on October 16, 2017 for the purpose of the funeral service business of companion animals, companion animal sealing houses, and the establishment and operation of crematory facilities.
B. On November 15, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities, reporting and consultation on permission to divert farmland, permission to occupy and use, and permission to construct a cemetery-related facility on the second floor (animal crematory facilities and charnel facilities) on the ground with a total floor area of 451.8 square meters and a total floor area of 724.5 square meters on the ground (hereinafter “instant application site”) on the ground of 451.8 square meters on the ground of Yancheon-gu B, Y-gu, Jeonju-si (hereinafter “instant application site”).
(hereinafter referred to as “instant application”). C.
On March 6, 2018, the Defendant rejected the Plaintiff’s application for permission for construction on the ground that “(i) the construction plan for the extension of the urban planning road, which is connected to D, E, and national highway substitution roads and F Highway, located in the center of the southwest area where there are many traffic vehicles, and thus damaging urban images, such as negative impacts on the landscape (hereinafter “the ground for Disposition 1”), (ii) the surrounding area is likely to be residential due to the distribution of restaurant, school, tenement house, G zone, etc., and thus, there is a high possibility of urban expansion in the future, and thus, it is necessary to specify the area where the animal funeral business is installed in order to systematically manage the city, and thus, it is necessary to specify the area where the animal funeral business is installed in the urban planning management center as a factor detrimental to the public interest (hereinafter “the ground for Disposition 2”), and thus, the said permission for construction should be restricted before the establishment of the basic plan (hereinafter “animal business”).
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 3, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. A. The Plaintiff’s alleged companion animal population has increased by households raising companion animals, such as trends of 10 million won.