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(영문) 창원지방법원 2020.02.13 2019구합51947
건축불허가처분취소
Text

1. The Defendant’s disposition of non-permission to file a building permit with the Plaintiff on October 25, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of disposition;

A. From around 2007, the Plaintiff is a person operating a stable (hereinafter “existing stable”) with a size of 1,544.6 square meters (based on a building ledger, 33.6 square meters with a size of 364 square meters and 345 square meters with a size of 364 square meters and 310 square meters with a size of 192 square meters) in Gyeongcheon-gun, Chungcheongnam-do.

B. On March 2018, the Plaintiff filed an application with the Defendant for a building permit for the purpose of constructing animal and plant-related facilities of a total floor area of 4,920 square meters on the ground of 9,019 square meters (hereinafter “instant application site”) among 1,00,00 m2 (hereinafter “instant application site”) among the land outside Ycheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and 1, and filed an application for a building permit, permission for development activities deemed a building permit, and permission for installation of livestock excreta discharge facilities

(hereinafter “instant application”). C.

After deliberation by the Gun Planning Committee, on October 25, 2018, the Defendant rendered a disposition not to grant the instant application to the Plaintiff for the following reasons.

(hereinafter “instant disposition”). A.

Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act, and Table 1-2 of the same Act) (1) In short of the standards for permission for development activities, land use in neighboring areas is not in harmony with the surrounding areas or scenery, such as the actual use of land in surrounding areas, water drainage, etc. (2) A building to be installed by development activities is likely to damage the natural landscape and aesthetic view in surrounding areas. (3) A building is likely to cause air pollution, noise, etc. in the surrounding areas and their surrounding areas due to development activities. (4) A large number of tourists are found every year in up to the upper region where D with historical, cultural, and cultural value is located, and thus, the building is located in the area with high value to preserve the natural environment. (5) A large-scale project cost is invested in our military forces to attract many tourists, and thus, it is necessary to strictly limit the location of money companies that are likely to cause water pollution in the upper stream and construction in this region.

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