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(영문) 광주고등법원 2018.05.03 2017누5279
건축불허가처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s purchase of the instant site 1) B (hereinafter “B”).

) all South Hayang-gun C, D, E, F (after the merger into D).

hereinafter referred to as “instant site”

(A) The G Co., Ltd. (hereinafter “G”) was established on January 19, 201, and operated a concrete plant (No. 2-4) and is engaged in ready-mixed manufacturing business and ancillary business at H in the Jeonyang-gun, Jeonyang-gun, 201. The actual operator is I.

(A) On March 16, 2016, subparagraph 1-3 B changed the type of business of the factory operated by the Defendant from March 16, 2016 to “self-processed manufacturing business (23325)” (Evidence 2-1). (A) On March 17, 2016, the Defendant purchased the instant site and a concrete factory on KRW 1,437,300,000 in the name of the Plaintiff (Evidence 2-5, 34) from B and the Defendant requested the Defendant to revoke the registration of the G factory around April 2016 (Evidence 2-5, 34).

(A) On May 9, 2016, the Plaintiff obtained approval from the Defendant to “B” to “Plaintiff” (Evidence 2-2 of the instant disposition). B) On June 1, 2016, the Plaintiff filed an application with the Defendant for a construction permit to remove a concrete factory on the instant site and build a ready-mixed factory on the instant site (hereinafter “instant factory”).

(hereinafter “The First Application”). On August 24, 2016, the Environmental Policy Committee of the Duyang-gun presented an opinion of non-permission on the said application on the following grounds (hereinafter “instant intellectual matters”), and the Plaintiff withdrawn the said application on August 26, 2016.

(No. 1). The cadastral matters of this case ① wastewater treatment.

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