건축허가신청반려처분취소
The judgment of the first instance is revoked.
2. The Defendant’s disposition of non-permission to construct on July 15, 2019 is revoked.
3...
1. The following facts as to the details of the disposition are either in dispute between the parties or in dispute A’s evidence Nos. 2 through 5 (including the branch numbers, unless otherwise indicated):
Each entry and the whole purport of oral proceedings may be recognized, and there shall be no counter-proofs.
A. On June 7, 1996, B obtained permission from the Defendant for the installation of facilities discharging excreta with the following contents, and constructed and operated a chickens breeding facility (hereinafter “the instant livestock shed”) in accordance with the permission as stated in the attached Table 1 on the land in the attached Table 1 (hereinafter “instant land”).
The location of the place of business: The explanation at the time of Cheongdo-gun, Cheongdo-gun, Cheongdo-gun (attached Form 1, the title No. 1): The number of livestock and the number of livestock farms in the chickens: 10,000 mal.: 1,309 mal., 1,309 m., 1,36 m., 1,947 m.
B. D purchased the instant land and stables in the instant auction procedure at the Daegu District Court E Voluntary Auction on December 3, 2012, and completed the registration on the transfer of ownership on December 12, 2012.
(c)
The Plaintiff purchased the instant land and livestock pens from D on December 17, 2015, and completed the registration of ownership transfer on January 14, 2016.
(d)
On July 5, 2019, the Plaintiff filed an application with the Defendant for a building permit in the form of a civil petition containing an application for permission to change the discharge facilities of excreta in order to newly construct three buildings related to the same and plant of a size of 3,546.17 square meters on the instant land.
E. On July 15, 2019, the Defendant notified the Plaintiff that the Plaintiff would deny the Plaintiff’s application for the permission for construction on the following grounds (hereinafter “instant disposition”). The permission for alteration of excreta discharge facilities has no previously permitted livestock discharge facilities, and thus, the instant land constitutes a livestock breeding restriction area pursuant to Article 4 of the Ordinance on the Restriction on Livestock Raising in Cheongdo-gun. The Plaintiff filed an administrative adjudication seeking revocation of the instant disposition on September 19, 2019, but the said request for adjudication was dismissed on October 28, 2019.
(g)...