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(영문) 대전지방법원 2014.04.23 2013구합1203
건축허가신청반려처분취소
Text

1. On February 5, 2013, the Defendant’s disposition of accepting applications for building permission against the Plaintiff shall be revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. On April 13, 2012, the Plaintiff filed an application for building permission, including an application for development activities (land form and quality change) and an application for permission for mountainous district conversion (hereinafter “instant application”), with the Defendant on April 13, 2012, in order to newly construct the same plant-related facilities (hereinafter “the instant stable”) with a total floor area of 11,202.8 square meters on the ground of land outside Dong-gu, Nam-gu, and five lots of land (hereinafter “instant application site”).

B. As a result of the deliberation on January 29, 2013, the Urban Planning Committee decided not to permit the construction of the instant stable. Accordingly, the Defendant rejected the instant application on February 5, 2013, on the ground that the instant application was inappropriate as a newly built site for money death, in view of the surrounding conditions, including the following: (a) the construction of the instant stable was a factor causing damage to residents and workers of neighboring nature, high-tech facilities, factories, etc., such as bad dwelling, pleasant dwelling, work environment, etc. due to malodor and pests (i.e., Paris, etc.); and (b) part of access roads did not secure road width (ivm).

(hereinafter "Disposition in this case"). / [Grounds for recognition] The entry in Gap evidence 1, 2, and Eul evidence 1, 21 (including branch numbers, if any) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Article 23(1) of the Administrative Procedures Act, an administrative agency shall present the grounds and reasons for the disposition to the parties when rendering a disposition. The Defendant did not present any statute that only provides the grounds for the disposition at the time of the instant disposition. 2) The Plaintiff is planning to prevent malodor and harmful insects by installing a system for the circulation of effective livestock products to the livestock shed in the instant case and destroying excreta generated from the livestock shed and block the occurrence of malodor and harmful insects and use liquid manure for environment-friendly fertilizers, and thus, malodor and harmful insects generated from the livestock shed in the instant case are not likely to cause damage to neighboring residents and workers.

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