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(영문) 대구지방법원 2021.01.21 2020구합567
건축허가취소처분취소
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 November 25, 2019, the Plaintiff filed an application with the Defendant for a construction report in the form of a civil petition containing permission for the installation of excreta discharging facilities and permission for development activities (hereinafter “instant application”). On November 25, 2019, the Plaintiff filed an application with the Defendant for a construction report in the form of a complex civil petition, including permission for the installation of excreta discharging facilities and permission for development activities, with a view to securing the safety of the ground as to the land (i) the area of 1,596 square meters for raising a lawsuit on the ground, 1,468 square meters, D paddy field 2,754 square meters (hereinafter “the site for the instant application”), and (ii) the construction of a Dong/ve plant-related facilities of the total floor area of 1,596 square meters, and one thousand square meters and more (i) the implementation of the Act on the Planning and Utilization of National Land (hereinafter “the National Land Planning Act”); and (ii) the implementation of the Act on the Development of Land (hereinafter “the Act”).

2) If a project is carried out without obtaining permission for development activities under the foregoing provision, the project is subject to measures for restoration from its original state and accusation in accordance with Articles 133 and 140 of the same Act.

B. 1) The location where a stable is to be constructed shall be determined by determining the site, structure, facility standard, use, etc. of a building, which is an object of the Building Act, and shall meet the purpose of promoting public welfare by improving the safety, function, environment, and aesthetic view of the building. 2) At the time of a construction plan pursuant to Article 23(2) of the Building Act, a building shall conform to the Building Act, an order or disposition under the Building Act, and other relevant Acts and subordinate statutes, and shall conform to safety, function, aesthetic view, and surrounding conditions; and 3) In order to obtain a building permit, it may prove that a building has secured the title to secure the ownership of the relevant site or to use the site that may be constructed pursuant to Article 11(11) of the Building Act and Article 6 of the Enforcement Rule of the same Act.

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