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(영문) 대전지방법원 2018.10.19 2018구합102415
건축허가신청반려처분취소
Text

1. The Defendant’s disposition of rejecting an application for building permit filed against the Plaintiff on January 10, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 19, 2018, the Plaintiff filed an application with the Defendant for a building permit on the same plant-related facilities (a stable) on the ground outside B and five lots (hereinafter “instant application site”).

(hereinafter “instant application”) b.

On January 10, 2018, the Defendant rendered a disposition rejecting the instant application to the Plaintiff on the ground that “The Guidelines for Authorization, Permission, etc. of Facilities for Environmental Damage in the Public City and the Ordinance on the Operation of the Civil Petitions Coordination Committee for Civil Petitions in the Public City pursuant to the Civil Petitions Coordination Committee under the Civil Petitions Coordination Committee Operation Ordinance” was “the decision not to grant permission.”

(hereinafter “instant disposition”). C.

In response to the instant disposition, the Plaintiff filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, and the Defendant asserted in the administrative appeal that “The civil petition coordination committee considered adverse effects on the living environment of local residents, such as concerns about price decline due to livestock death, malodor, various environmental damage expected by next farmers, and concern over impeding the living environment.”

On March 15, 2018, the Chungcheongnam-do Administrative Appeals Commission ruled that the defendant's assertion specifically indicates the grounds for the previous disposition, and dismissed the plaintiff's request for administrative appeal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is merely an administrative rule that has no legal effect, and thus, cannot be admitted on the ground of this.

In addition, the grounds asserted by the Defendant only during each of the administrative appeals and the instant lawsuits are different from the grounds for each of the instant dispositions, and such grounds are not permitted as they are substantially added to the grounds for a new disposition.

Therefore, the instant disposition should be revoked as it is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c).

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