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(영문) 대구지방법원 2014.11.28 2014구합21648
개발행위불허가처분취소
Text

1. The Defendant’s disposition of non-permission to file an application for permission to construct a funeral hall with respect to the Plaintiffs on May 30, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On May 16, 2013, the Plaintiffs filed an application for a building permit including permission for development (hereinafter “instant application”) with the Defendant to newly construct a funeral hall of one-story size of one-story size of 841.25 square meters (hereinafter “instant funeral hall”) within the building area of 2,88 square meters (hereinafter “instant land”).

In accordance with the rules on the establishment and operation of the Civil Petition Coordination Committee for the Elderly of the Aged (No. 2), the location of the planned building site is changing along with the spirit of the aged, and the location is inappropriate due to the adjoining areas of tourist destinations, housing sites, cultural properties, friendship markets, etc. (hereinafter “(i) disposition grounds”), surrounding areas, surrounding environments and landscapes, and residents’ collective oppositions, etc. (hereinafter “(ii) disposition grounds”).

B. On May 30, 2014, the Defendant, following a deliberation by the civil petition conciliation committee, notified the Plaintiffs of the rejection of the instant application for the following reasons (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The plaintiffs' assertion 1) The defendant's disposition of this case is unlawful on the grounds that there are no grounds for each disposition of this case as follows. 1) The defendant's disposition of this case is unlawful. 1) The cost-free historic destination is allowed to enter the cost-free area, which is the national highway between Daegu and Daegu. Thus, tourists do not pass through the front road of this case, and the above tourist destination is far away from 1.4km from the land of this case.

In addition, even though there is a sloping in a place less than 900 meters away from the land of this case, the funeral hall of this case does not cause any impediment to the preservation and management of the above sloping.

In addition, it is approximately 150 meters away from the northwest of the land of this case to the south.

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