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(영문) 창원지방법원 2016.05.03 2015구합1562
건축허가신청 불허가처분취소
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. The Plaintiff’s license was granted from around 1995 to the Plaintiff’s license to build facilities related to animals and plants, and thereafter, the Plaintiff’s license was granted to build cattle pens to raise pigs (hereinafter “existing livestock site”) and raised pigs (hereinafter “existing livestock shed”).

As the Deceased died on June 2009, the Plaintiff continued to raise pigs from the existing livestock shed inherited from the Deceased, one of the existing livestock pens was repaired in modern times.

C. On September 7, 2015, the Plaintiff filed an application for a construction permit with the Defendant to newly construct a new stable (a building area of 1,120 square meters, total floor area of 1,120 square meters; hereinafter “new stable”) for raising pigs on the wall-si D (hereinafter “the instant application site”) located near the existing livestock shed site.

(hereinafter “instant application”. Under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56(1) of the Enforcement Decree of the same Act, there is no harmony between the actual use of land in neighboring areas and the land utilization plan, etc., and the surrounding areas or scenery (hereinafter “1 disposition grounds”), and under Article 20(1)11 of the Urban Planning Ordinance, the act of development is anticipated to seriously undermine public interests, such as environmental pollution and hazards, etc. (hereinafter “2 disposition grounds”), and the removal of illegally extended buildings in existing stable facilities, which were not carried out prior measures such as the removal of illegally extended buildings.

A person shall be appointed.

D. On October 29, 2015, the Defendant rendered a non-permission disposition on the instant application to the Plaintiff on the following grounds:

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, and Gap Nos. 1, 2, and 1.

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