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(영문) 창원지방법원 2020.01.09 2019구합51886
건축불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On March 29, 2019, the Plaintiff filed an application with the Defendant for permission for development activities and permission for installation of livestock excreta discharge facilities deemed permission for construction and permission for construction, which are animal and plant-related facilities (the first floor, the total floor area of 3,740.5 square meters; hereinafter “the instant livestock shed”).

B. On May 2, 2019, the Defendant rejected the said application from the Plaintiff on the following grounds:

(hereinafter “instant Disposition”). Pursuant to Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the determination that development activities are likely to cause environmental pollution and damage to the relevant area or its neighboring area due to the relevant development activities pursuant to Article 20 of the Urban Planning Ordinance at the time the actual use of the land in the surrounding area and concerns about environmental pollution is likely to occur, and that such development activities are likely to undermine the public interest, is more likely to cause damage to the public interest than to the private interest of the individuals who were subjected to improper rejection of the location as a result of the deliberation by the Committee for Deliberation of the Ganyang City

2. Whether the disposition of this case is legitimate;

A. On the following grounds, the instant disposition is unlawful by deviation or abuse of discretionary power.

1) The Defendant granted a new permit to build a stable several times on land located near the instant application site, and accordingly, the instant stable is currently being operated by a large number of livestock pens, including livestock penss. The instant livestock shed is relatively less likely to cause environmental pollution, etc., and the instant application is located far away from neighboring villages, rather than the existing permission site. (2) The Defendant granted a large number of permission to build a stable at the time of smuggling, such as Ilyang-ri, etc., and the area where the permission area is likely to cause environmental pollution and damage, compared to the instant application site, in light of the separation distance from village, river, etc., surrounding environment, etc.

3) Livestock (it is not a livestock raising-restricted area) stipulated in Article 2(1) of the Ordinance on the Management and Use of Livestock Excreta (hereinafter “instant Ordinance”) in smuggling.

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