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(영문) 대전지방법원 2018.01.17 2017구합105240
건축허가신청반려처분취소
Text

1. The Defendant’s disposition of rejection of each application for construction permit rendered against the Plaintiffs on July 18, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

Plaintiff

On March 28, 2017, A filed an application with the Defendant for a building permit in order to newly build a facility related to the same plant on the ground of 7,579 square meters of 9,574 square meters of Chungcheongnam-gun, Chungcheongnam-gun (hereinafter omitted), Chungcheongnam-gun (hereinafter referred to as “A”), and the Plaintiff B filed an application with the Defendant for a building permit in order to newly build a facility related to the same plant on the ground of 9,474 square meters of D miscellaneous land and 1,672 square meters of 9,474 square meters of E miscellaneous land and 4,143 square meters of E miscellaneous land on the same day.

(2) The Plaintiff’s application “each of the instant applications” and “the instant application site”). On May 11, 2017, the details of the request for supplementation are as follows: (a) on the design map submitted by the National Land Planning and Utilization Act, the re-construction of the road plan is planned by means of bank (F) in order to comply with Article 44 of the Building Act; (b) on the basis of the design map submitted by the National Land Planning and Utilization Act; (c) however, on the basis of the results of the on-site investigation, the re-preparation of the drawings and the re-construction of the road plan according to the unsected site and the re-construction area of the road plan is adjusted after the re-preparation of the drawings and the re-construction of the

Plaintiff

On June 8, 2017, A filed an application for deliberation on road designation with respect to the part up to 570 meters in length, road width, 6 meters in width, 3,420 square meters in the entrance of the instant application site, among F bank 25,394 square meters owned by the Korea Rural Community Corporation pursuant to Article 45 of the Building Act and Article 35 of the Building Ordinance for Taean-Gun.

On June 13, 2017, the defendant applied for the part concerning the passage G (Gu) of the present situation survey result under Article 35 (2) of the Building Ordinance of Taean-gun, Taean-gun, Taean-gun, the contents of the request for supplement, and notified the plaintiff A of the request for deliberation on the designation of a road.

Plaintiff

A On June 13, 2017, according to the Defendant’s request for supplementation on June 13, 2017, the Defendant applied for a construction deliberation on the road designation of at least 720 meters in length and at least 662 meters in total of 4,626 square meters in F bank 25,394 square meters and 35 square meters in G ditch 174 square meters in G.

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