건축허가신청거부처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 31, 2016, the Plaintiff filed an application with the Defendant for a building permit including a report on the installation of livestock excreta discharge facilities (hereinafter “instant application”) in the form of complex civil petitions in order to newly build the same plant-related facilities (such as livestock pens) with the total floor area of 1,100 square meters on the ground of Kimcheon-si, Kimcheon-si and C 575 square meters (hereinafter “instant application site”).
Articles 56 and 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and guidelines for the operation of permission for development activities shall be implemented in advance (hereinafter referred to as "grounds for Disposition 1"), and measures shall be taken accordingly (hereinafter referred to as "reasons for Disposition 1"), concerns over the occurrence of environmental pollution, such as air, water quality, and soil pollution, and the occurrence of blight and harmful insects, and damage is anticipated to occur to surrounding agricultural crops (hereinafter referred to as "reasons for Disposition 2"), and the prevention of spread of stables (hereinafter referred to as "reasons for Disposition 3") and the prevention of spread of stable
B. On November 28, 2016, the Defendant rendered a disposition not to grant the instant application for the following reasons according to the result of deliberation by the civil petition mediation committee of Kimcheon-si, Kimcheon-si.
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, entry of Gap’s 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The grounds for Disposition Nos. 1, 2, and 3 are not recognized on the grounds that the absence of the grounds for Disposition is below, and thus, the instant disposition is unlawful. (A) The Plaintiff’s ground for Disposition No. 1 does not change the form and quality of the land in the instant application site, but plans to immediately construct stables, composts, and paths.
There is no physical development plan about the site itself, such as artificially sloped or packaging the application site.
Before constructing the instant friendship, the Plaintiff cultivated the instant application site by organizing it.