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(영문) 전주지방법원 2020.01.22 2019구합1637
건축허가신청반려처분취소
Text

1. The Defendant’s provisional disposition of denial of construction made on March 15, 2019 against the Plaintiff shall be revoked.

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

Reasons

1. Details of the disposition;

A. On January 9, 2019, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) to newly construct two buildings (hereinafter “instant riding track”) as follows on the ground of 3,828 square meters (hereinafter “instant application”).

A 1-story sports facility (e.g., riding - manager) of 1st floor per share of the building-to-land ratio of the building area of the 20th floor of the Dong-to-land (land size) shall be 96.60.60 96.98% 25.77% of the light-to-land structure 96.60 19.60% of 25.77% of a 159.25% of the 159.25% of the aggregate of 255.85% of

B. On March 15, 2019, the Defendant rendered the instant disposition that rejected the construction of the instant horse for the following reasons. D.

The reason for non-permission: The reason for the Gun Planning Committee’s deliberation on non-permission: The location of a riding track which is added to the traffic volume in the condition that the current traffic is not efficient (F from the entry of the project site to the left-hand and the left-hand turn-hand turn-hand turn-hand turn-hand turn-on in the front direction) such as the location of C Village, NL Park, D, etc. in the vicinity of the project site is likely to affect malodor generated from the horse-riding site in the event of horse-riding site location, and the location of a riding track which is inappropriate for traffic volume to be added from the current national road E-line

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Jeollabuk-do Administrative Appeals Commission, but the said commission rendered a ruling dismissing the Plaintiff’s claim on May 24, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The defendant, at the time of the instant disposition, issued a notice of non-permission for construction (Evidence A 4) which is an internal document of the Republic of Korea, not a document in the form of a general disposition, to the plaintiff, and Article 24 of the Administrative Procedures Act.

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