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(영문) 대구지방법원 2014.08.29 2014구합597
건축신고 반려처분 취소
Text

1. On August 8, 2013, the Defendant rendered a disposition to return an application for building permission to the Plaintiff (plant-related facilities).

Reasons

1. Details of the disposition;

A. On November 21, 201, the Plaintiff was notified by the Mayor/Do Governor of the upperbuk-do that he/she was selected as a person eligible for the business of the supply and demand of high-quality infants in 201, and completed the registration of transfer of ownership on January 2, 2013 by purchasing A 1,880 square meters of land, B 21,94 square meters of forest land, C forest land 23,001 square meters (hereinafter “each of the instant land”) for the said business on November 5, 2012 for the said business.

B. On January 28, 2013, the Plaintiff filed an application for permission for construction (including permission for development acts) of five animal and plant-related facilities (a livestock shed) with a building area of 6,900 square meters and a total floor area of 5,950 square meters on each of the instant lands (hereinafter “instant livestock shed”) (hereinafter “instant application”).

C. On January 28, 2013, the Defendant: (a) filed a group civil petition with D Residents (E and 55 others); (b) filed a group civil petition with D Residents on February 20, 2013; (c) notified the occurrence of a group civil petition with D Residents and F Residents on May 9, 2013; and (d) requested active measures against each of the above civil petitions.

On July 17, 2013, the Defendant: (a) on each of the instant lands, the Plaintiff is subject to permission for development activities; (b) so, the Plaintiff is required to prepare and submit a document for permission for development activities; (c) to submit the results of prior examination of factors influencing disasters and strategic environmental impact assessment; and (d) accordingly, the Plaintiff submitted supplementary documents to the Defendant on July 24, 201.

The notification of the return of the application for a building permit (documents, etc.) shall be comprehensively examined as to the application documents for a building permit on the land of this case, and the return of one document shall be understood as the return of one document because it is impossible to grant a building permit, etc. as follows. A.

According to the results of deliberation by the Urban Planning Committee according to an application for permission for development activities, the surrounding areas, such as malodor, risk of damage caused by insect pests, residents' conflicts caused by difficult development due to large-scale livestock facilities, etc., shall be deepened.

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