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(영문) 대구지방법원 2018.08.24 2018구합21325
건축허가신청불허가처분취소
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 March 29, 2017, the Plaintiff filed an application with the Defendant for a building permit including permission for development of two animal and plant-related facilities of a total floor area of 3,829 square meters of 3,829 square meters of 3,496 square meters in Kimcheon-si (hereinafter “Bri”) (hereinafter “instant application site”) with the Defendant in order to newly build two animal and plant-related facilities of a total area of 3,829 square meters of 3,829 square meters in size (hereinafter “the instant application site”).

The result of deliberation by the Urban Planning Committee: According to the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and the relevant guidelines, it is intended to review the appropriateness of location, such as in harmony with surrounding areas at the time of development activities, and whether it causes damage to such areas.

When a plaintiff's application for a building permit is permitted, it is highly likely to undermine the living environment of neighboring residents due to the collectiveization of livestock pens including existing and operating guides, environmental pollution, malodor, etc.

B. On February 6, 2018, the Defendant notified the Plaintiff that the application for a building permit was rejected on the following grounds after deliberation by the Kimcheon-si Urban Planning Committee at a total of three occasions.

(hereinafter “Disposition of this case”). 【Ground of recognition】 Facts having no dispute, the purport of the entire pleadings, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the following grounds that the disposition of this case constitutes an abuse of discretion or discretion for the following reasons.

1) Even if a map is newly constructed at the place of the instant application, it does not go against the appropriateness of the location by impairing harmony with the surrounding area or causing damage to the area. A) The instant application area constitutes a production management area as stipulated in the National Land Planning and Utilization Act, and its surrounding areas are formed by forests, fields, and fields.

In addition, in E and two lots adjacent to the application site of this case, a map of a total floor area of 2,251.2 square meters is already constructed and is currently being operated.

B. The instant case.

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