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(영문) 대구지방법원 2020.11.25 2020구합20820
건축(신축)신고불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 15, 2019, the Plaintiff newly constructed a construction report to the Defendant on July 15, 2019, 150 square meters for a general steel structure factory of 150 square meters (a total of 450 square meters, hereinafter “instant factory”) on the ground-based 150 square meters on the ground-based 1,062 square meters, 1,448 square meters, 2,448 square meters, D previous 1,544 square meters, 3,537 square meters, and 684 square meters prior to F. (hereinafter “instant site”).

(hereinafter “instant report”). (b)

On July 26, 2019, the Defendant requested the Plaintiff to supplement deficiencies related to permission for development activities, permission for diversion of farmland, environmental law and locational conditions, and the Plaintiff submitted supplementary documents to the Defendant around October 2019.

C. On November 20, 2019, based on the supplementary documents, etc. submitted by the Plaintiff, the Defendant held a deliberation by the Sungju Gun Planning Committee, which was rejected due to the following reasons.

1) A nearby farmland is likely to cause environmental damage to surrounding farmland and residential areas: Noise caused by heavy equipment for operation, such as aggregate crushing, and environmental damage is anticipated. 2) In fact, the analysis of actual landscape and structural safety review was not conducted, and damage prevention plans (e.g., superior and soil outflow, noise and dust scattering, etc.) were insufficient. Accordingly, on November 28, 2019, the Defendant notified the Plaintiff of the fact that “The Plaintiff was rejected due to the reasons stated in Section c. as the result of the deliberation by the Seongdong Urban Planning Committee of the Republic of Korea (hereinafter “National Land Planning Act”), and thus, the report of this case was rejected” (hereinafter “the instant disposition”).

The defendant expressed that the report of this case is not accepted in the disposition of this case. However, since the report of this case constitutes a report requiring acceptance under Article 14(1) and (3) of the Building Act, the permission of this case is not accepted.

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