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(영문) 청주지방법원 2017.04.27 2016구합11907
건축허가(복합민원) 불허처분 취소
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 July 7, 2016, the Plaintiff submitted to the Defendant a prior written request for examination as to whether it is possible to newly build a two-story with a total floor area of 7,490 square meters, a total floor area of 3,600 square meters on the ground of 893 square meters in Jincheon-gun, Jincheon-gun, Daejeon-gun, C, 3,323 square meters in total, D, 2,003 square meters in total, E, and 2,639 square meters in total (hereinafter “the instant application site”).

B. On August 1, 2016, the Defendant notified the F of the results of the foregoing preliminary examination to the effect that “The Defendant shall apply for complex civil petitions (construction permission and permission for development activities) before August 20, 2016, in the event that there is no conflict with other laws, such as an area where the raising of livestock is restricted.” The instant application was deliberated as having no problem in the location if there is no conflict with other laws, such as the instant area where raising livestock is restricted.”

C. On August 12, 2016, the Plaintiff completed the registration of ownership transfer on August 19, 2016 with respect to the instant application site on the ground of sale and purchase on August 12, 2016, and filed with the Defendant an application for a building permit that permits development to be deemed granted to the Defendant to newly construct a single-story 4 Dong and two-story warehouse, a total floor area of 4,554.18 square meters, 7,490 square meters on the ground of the instant application site (hereinafter “instant application”).

In Article 58(1)4 of the National Land Planning and Utilization Act, it shall be in harmony with the actual use condition or land utilization plan of neighboring areas, building height, etc., and the application in this case constitutes the grouping of livestock pens and the distance of restriction on livestock raising under the current regulations (Municipal Ordinance). Since the application in this case falls under the grouping of livestock pens and the distance of restriction on livestock raising under the current regulations and it is anticipated that considerable damage is expected to be inflicted on nearby village residents due to malodor, shock, etc., it is inappropriate to be a livestock shed site

On October 28, 2016, the Defendant is in accordance with the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

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