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(영문) 춘천지방법원 2017.06.02 2016구합51021
건축허가신청에 따른 불허가 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part pertaining to the defendant's participation, are all assessed against the plaintiff.

Reasons

1. Details of the disposition;

A. On April 7, 2016, the Plaintiff filed an application with the Defendant for a construction permit that includes building reporting, permission to engage in development activities, permission to divert farmland, reporting and consultation, permission to occupy and use a road, permission to install facilities discharging water pollutants, permission to install facilities discharging water pollutants, reporting on installation of facilities discharging noise and vibration, and permission to install and report on installation of noise and vibration emission facilities (hereinafter “instant application”).

B. On June 28, 2016, the Defendant held an urban planning committee (hereinafter “instant urban planning committee”) and rendered a disposition rejecting the instant application on July 4, 2016 on the grounds that the result of deliberation by the urban planning committee rejected the instant application due to the following reasons (hereinafter “instant disposition”).

1) Undermining the current suffering of shortage of drinking water and agricultural water as an area where water supply is not supplied, there is a concern that local residents’ living inconvenience may be increased due to the increase of water shortage when installing an additional ready-mixed factory (hereinafter “instant ground for disposition 1”).

(2) As a road with a large volume of vehicle traffic and is not in delivery and side length, there is a concern that local residents might have suffered damage due to the traffic of residents and exposure to risks during the operation of agricultural machinery (hereinafter “instant disposition”) in the event of the additional operation of a large ready-mixed vehicle, the dissemination of public opinion against the construction of a factory by local residents (hereinafter “instant disposition cause”).

4) Each entry of Gap evidence Nos. 1, 3, and 5 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, that there is no dispute over the possibility of insolvency and chilling of local industries due to excessive supply and excessive competition in the course of a new company’s consolidation (hereinafter “reasons for Disposition Nos. 4”)

2. Whether the instant disposition is lawful

A. The Defendant related to the Plaintiff’s assertion 1 shall hold the instant urban planning committee.

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