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(영문) 대전지방법원 2017.11.01 2017구합102296
건축허가불허가처분취소
Text

1. The Defendant’s disposition of non-permission to construct a building permit (new construction) against the Plaintiff on January 26, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On January 9, 2017, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly build a Dong and plant-related facility of the total floor space of 4,203 square meters on the ground of 5,382 square meters (hereinafter “instant application site”) on the ground (hereinafter “instant application”).

- A neighboring C made a lot of contribution to the revitalization of the regional economy as one of the major tourist resorts in our city where more than 150,000 visitors find, where more than 700,000 visitors find that the amount of money is more than 3.95 billion won in the site where a construction permit application is filed. - It is clear that the construction of money will not be appropriate because the image of a tourist destination is damaged as a tourist due to malodor and dust, etc., and the reduction of tourists would have anticipated to have a significant impact on the regional economy. On January 26, 2017, the Defendant rendered a non-permission of construction permit (new construction) against the Plaintiff on the following grounds:

(2) The Plaintiff’s application of this case does not constitute an area subject to restriction on livestock raising as prescribed by the relevant statutes, and the Defendant’s disposition of this case does not constitute an area subject to restriction on livestock raising as prescribed by the relevant statutes. Thus, it cannot be readily concluded that there is a need for public interest to deny the application of this case on the sole basis of the grounds for disposition taken by the Defendant. Thus, the disposition of this case which rejected the application of this case should be revoked as unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

The following facts are recognized in light of the overall purport of the pleadings in each of the evidence mentioned above, Gap evidence Nos. 4, 7, and Eul evidence Nos. 1 through 6 (including branch numbers).

In approximately 740 meters away from the place of the instant application, C is located.

C = 3,951,00,000 national project expenses of KRW 966,00,000 for project expenses of 1995, and 289,00,00,000 for Doctrific production;

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