건축허가신청반려처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 28, 2017, the Plaintiff filed an application for a building permit with the intent to establish a stable on the land of Bocheon-si, B (hereinafter “instant forest”) and D miscellaneous land (hereinafter “instant application site”) owned by the Defendant, and filed an application for a mountainous district conversion for the purpose of building a stable with respect to the instant forest.
B. At the time of the filing of the instant application, the instant application was not included in a zone subject to livestock breeding restriction pursuant to the Ordinance on the Management and Use of Livestock Excreta (Ordinance No. 1322, Oct. 31, 2016), but was included in a zone subject to livestock breeding restriction due to the enforcement of the Ordinance amended on January 31, 2017, as amended on April 28, 2017.
The Addenda to the above amendment provides that "the previous provisions shall apply to the building permit obtained prior to the enforcement of the above Ordinance, the building permit applied for, and the building report filed."
C. On April 14, 2017, the Defendant requested the Plaintiff to supplement the building permit. The Plaintiff accepted the Plaintiff’s application for extension of the period for supplementation on May 25, 2017, and extended the period for supplementation until June 30, 2017, but again, accepted the Plaintiff’s application for extension of supplementation on June 27, 2017, and extended the period for supplementation until July 30, 2017.
On April 27, 2017, the Defendant requested the Plaintiff to supplement in relation to permission for mountainous district conversion. The Plaintiff accepted the Plaintiff’s application for extension of the period for supplementation on May 26, 2017, and delayed the period for supplementation until July 26, 2017, but again accepted the Plaintiff’s application for extension of the period for supplementation on July 28, 2017, and extended the period for supplementation until September 26, 2017.
E. On September 12, 2017, the Defendant rejected the Plaintiff’s application for construction permit due to the following reasons.
(hereinafter “instant No. 1 Disposition”). With respect to an application for a building permit, the documents required to supplement the attached details, such as development activities and prior examination of factors influencing disasters, were not submitted at least twice, but supplementary documents are required within the period for supplementation.