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(영문) 대전지방법원 2018.05.04 2017구합105066
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On October 17, 2016 and December 30, 2016, the Defendant filed an application with the Defendant for a building permit to newly build facilities related to animals and plants of the building area of 6,441 square meters above the ground area on the 10,955 square meters (hereinafter “instant application site”) on the ground of Bona-si, Bona-si (hereinafter “instant application site”) and around October 30, 2016, and the Defendant permitted this on May 4, 2017.

(hereinafter “instant disposition”). (b)

The plaintiff is a person who resides in a D village near the place of the application of this case and is in the position of a Ri head.

[Ground of recognition] Facts without dispute, entry B in the evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's defense prior to the merits of the defendants is merely a third party who is not the other party to the disposition of the case, and there is no legal interest protected.

(b) Entry in the attached Form of relevant statutes;

C. A third party who filed a lawsuit seeking revocation on the ground that his/her environmental interest is infringed or is likely to be infringed upon by the disposition is admitted to have standing to sue that his/her environmental interest is protected individually and specifically by the relevant laws and regulations or the relevant laws and regulations. However, in cases where the relevant laws and regulations or the relevant laws and regulations specifically stipulate the scope of the right of influence that is anticipated to be infringed on the environment due to the project, such as the act done by the said administrative disposition, the relevant disposition may be expected to cause a direct and serious environmental damage to the residents within the affected area. Such environmental interest is a direct and specific interest that is individually protected to the individual residents, and barring special circumstances, it is against the environmental interest unless there are special circumstances.

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