건축신고 불수리처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On July 24, 2019, the Plaintiff: (a) filed a construction report (including permission, etc. to engage in development activities deemed a building permit (such as change of the form and quality of land)) to build a stable of 1,720.07 square meters in the building area of 7,165 square meters (hereinafter referred to as “instant application site”; (b) [Grounds for Non-acceptance] / Deliberation by the other Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”); (c) the Plaintiff’s disposal of inappropriate sites due to concerns over erosion of good farmland ( December 4, 2017) and the concerns over the construction of high-quality farmland (Article 58 of the National Land Planning Act and Article 56 of the Enforcement Decree of the same Act (hereinafter referred to as “the instant disposal of high-quality farmland”), and the Defendant’s disposal of high-quality animal-related facilities (hereinafter referred to as “the instant disposal of high-quality livestock-related facilities”).
The Plaintiff filed an administrative adjudication seeking revocation of the instant disposition with the Gyeongnam-do Administrative Adjudication Committee, but the appeal was dismissed on October 30, 2019.
[Grounds for Recognition] Unsatisfy, Gap 1, 3, Eul 5, the entire purport of the pleading
2. On the grounds delineated below, the instant disposition was an abuse of discretion due to a mistake of fact, violation of the principle of proportionality, etc., for which the grounds for the instant disposition cannot be recognized.
(1) The result of deliberation by an Gun Planning Committee shall not have the effect of binding an administrative agency, and thus shall not constitute a legitimate ground for disposition.
② The filing of the instant application is located at one corner of the farmland, and it is a wetlands where rice farmers are not well good, and is surrounded by mountainous districts towards North Korea.
The application of this case is likely to affect the surrounding landscape, farming activities, and residents' lives.
③ Existing operation of the Plaintiff.