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(영문) 대구지방법원 2018.01.17 2017구합21793

건축불허가처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 25, 2017, the Plaintiffs: (a) filed an application with the Defendant on April 25, 2017; (b) Plaintiff A filed an application for permission to construct animal and plant-related facilities (a livestock shed-type building 1; 3 attached buildings); (c) Plaintiff B filed an application with the Defendant for permission to build an animal and plant-related facilities (a livestock shed-type building 2; 3 attached buildings) of a total floor area of 3,98 square meters in size in F and E; and (d) Plaintiff C filed an application for permission to build an animal and plant-related facilities of a total floor area of 2,98 square meters in size in F, D, G, and H (a livestock shed-type building 2; hereinafter “instant application”).

(1) In the vicinity of the place of application for non-permission, ① In an area where livestock pens, meat farms and farm facilities are concentrated, and large agricultural products are expected to be damaged by the characteristics of the raising of livestock penss in large mountain fraternities due to the spread, wind, sunshine, etc. generated from the climatics, and sunshine, etc. < Amended by Act No. 1488, Apr. 13, 2017; Act No. 13193, Apr. 13, 2017; Act No. 13788, Apr. 13, 2017; Act No. 13083, Apr. 2, 2017; Act No. 14885, Apr. 3, 2017; Act No. 13088, Feb. 1, 2013>

B. On May 17, 2017, the Defendant rendered a disposition rejecting the instant application for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 5 (including virtual numbers, hereinafter the same shall apply), and the purport of whole pleadings.