건축불허가처분취소
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 August 21, 2012, the Plaintiff filed an application with the Defendant for permission to construct six animal and plant-related facilities (the first car) the site area of which is 22,065 square meters, building area and total floor area of 4,077 square meters, on the land area of 18,052 square meters in B farm site and C farm site of 3,533 square meters (hereinafter “each of the instant lands”) in Ansan-si, the Plaintiff owned by the Plaintiff, and withdrawn the application.
B. On November 13, 2012, the Plaintiff filed an application with the Defendant for permission for construction (the second; hereinafter referred to as “instant previous application”) of five buildings related to animals and plants, the size of which is 18,185 square meters, building area and total floor area of which is 3,277.5 square meters on each of the instant land.
C. On November 26, 2012, the Defendant notified the Plaintiff of the refusal of the previous application of this case on the ground that the previous application in this case cannot be extended to livestock excreta discharge facilities within the restricted area for livestock cause pursuant to Article 3(2) of the former Ordinance on the Restriction of Livestock Raising in Ansan-si (amended by Ordinance No. 928, Nov. 15, 2012; hereinafter “former Ordinance”).
On May 22, 2013, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and the Gyeonggi-do Administrative Appeals Commission rendered an adjudication to revoke the previous disposition of this case (hereinafter “instant adjudication”), on the ground that the boundary of the site of emission facilities ought to be seen as the scheduled line for subdivision, on the ground that the area corresponding to the area within 200 meters from the land of this case among each of the instant land was excluded from the area, and is stipulated as the planned site for subdivision.
E. On October 21, 2013, the Plaintiff changed the content of the previous application and applied for permission for construction (extension No. 3) again to the Defendant on each of the instant land to extend 18,190 square meters, building area of 3,610 square meters, total floor area of 6,938.11 square meters on each of the instant land.
(f).