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(영문) 광주지방법원 2015.09.10 2015구합325

건축허가신청거부처분취소

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1. The Defendant’s rejection disposition against the Plaintiff on February 2, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

On October 15, 2014, the Plaintiff filed an application for permission for construction with respect to the Defendant, including an application for permission for development activities, to newly construct facilities related to animals and plants (hereinafter “the instant facilities”) of a total of 12,442 square meters (hereinafter “the instant application site”) on the ground of the 3-dong, compost, office, machinery room, disinfection room, and medicine room, one Dong, a total of 5,497.6 square meters of a building area and a total of 5,497.6 square meters (hereinafter “instant facilities”).

(hereinafter collectively referred to as “instant application”). On February 2, 2015, the Defendant rejected the instant application from the Plaintiff on the following grounds.

(hereinafter referred to as the “instant refusal disposition.” Since an application for refusal to grant a building permit was filed by 303 neighboring residents, the application for the new construction of money was opposed to the occurrence of natural landscape, damage to the natural landscape, malodor, inconvenience in the lives of residents, etc., the High Military Conciliation Committee of the United States Armed Forces, pursuant to Articles 3 and 4 of the Ordinance, has rejected the application for refusal to grant a building permit (non-permission).

Plaintiff’s assertion

In addition, the Plaintiff’s assertion of relevant laws does not constitute a restricted area for raising livestock prescribed by the Ordinance of the High Interest Group pursuant to Article 8 of the Livestock Management Act, and there is no defect in the environment-related laws and regulations. Considering the fact that the population density area and 2 km away, and there is no risk of environmental pollution, the Defendant abused or abused discretion in making the instant refusal disposition against the principle of proportionality.

It is as stated in the relevant statutes.

Article 11(1) of the Building Act, Article 56(1)1 and Article 58(1)4 and (3) of the National Land Planning and Utilization Act, Article 51(1)1 and Article 56 of the former Enforcement Decree of the National Land Planning and Utilization Act, Article 51(1)1 and Article 56 of the former Enforcement Decree of the National Land Planning and Utilization Act.