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(영문) 대구지방법원 2019.07.10 2019구합20152
건축허가 불허가처분 취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 4, 2018, the Plaintiffs filed an application with the Defendant for a building permit in the form of complex civil petitions, including permission for development activities, to newly construct animal and plant-related facilities (a livestock shed) on each of the land of the Yancheon-gun, Ycheon-gun

(2) The buyer’s land use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based use-based with a total floor area of 1,092 square meters or more (one unit of a main building): 526 square meters or more; 526 square meters or more; 2,35 square meters or more; G field------- 836 square meters or more; 2,355 square meters or more; 770 square meters or more; 1,693 square meters or more; 2,084 square meters or more; - production-based use-based use-based use-based use-based with a total floor area of 2,084 square meters or more (one unit attached).

B. On November 2, 2018, the Defendant notified the Plaintiffs of the refusal of each of the instant applications on the following grounds:

(1) Each of the instant applications is reasonable in light of the scale and contents of the relevant projects, the degree of environmental damage resulting therefrom, etc., and thus, it is subject to the Act on the Management and Resident Support, Etc. of K Water Systems (hereinafter “each of the instant dispositions”), and is subject to the Act on the Management and Resident Support, Etc. of K Water Systems.

2) The ground for rejection of the instant “the ground for rejection,” such as the lack of space for fire-fighting activities, lack of malodor reduction and excreta treatment plans, lack of surface water treatment plans and drainage structures, lack of water and sewage wastewater treatment plans, lack of parallel space for entrance roads, etc. in the deliberation by the Gun Planning Committee under Article 59(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) as well as Article 11 of the Framework Act on Total Pollution Load Control and Article 28 of the Framework Act on Total Pollution Load Control and Article 59(1).

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