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(영문) 전주지방법원 2019.10.02 2019구합450
건축신고불허가 처분취소
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 April 19, 2018, the Plaintiff filed a building report with the Defendant to build two graveyard-related facilities (animal crematory facilities and animal-only charnel facilities) on the ground of 2,643 square meters (hereinafter “the instant application site”) in Gunsan-si (hereinafter “instant application site”).

B. On May 24, 2018, the Defendant rendered a disposition of non-permission to file a building report on the following grounds to the Plaintiff:

As a result of deliberation by the Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act, it is rejected as follows: - Damage to surrounding natural scenery and aesthetic view, the height of buildings installed, etc. is inappropriate for the location of animal crematory facilities, such as deterioration of surrounding surroundings and incubation. Entry into the place is inappropriate for granting permission for use of public property. Failure to meet the facility standards set forth in attached Table 9 of Article 37(1)4 of the Enforcement Rule of the Animal Protection Act. Failure to meet

C. On October 24, 2018, the Plaintiff filed a construction report including an application for permission for development and an application for permission for diversion of farmland with a view to newly constructing a cemetery-related facility (animal storage facility and animal crematory facility) of one story above 331.46 square meters and a total floor area of 328 square meters on the ground of the instant application site to the Defendant on the ground of the instant application site (hereinafter “instant building”).

On November 26, 2018, the Defendant rendered a non-permission disposition on the building report (hereinafter “instant disposition”) for the following reasons.

As a result of deliberation by the Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act, it would be rejected as follows: - Damage to the surrounding natural scenery and aesthetic view, and the height of a building installed is inappropriate for the location of an animal crematory facility, such as deterioration of surrounding environment and lighting. In the absence of dispute over the business plan (based on recognition), such as lack of documents required for the business plan (not including the time-off capacity for the installation facility), and Gap evidence 1 through 3 (including each number; hereinafter the same shall apply).

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