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(영문) 광주지방법원 2017.08.17 2016구합13427
건축허가신청 불허가처분 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 March 21, 2016, the Plaintiff approved the establishment of a small and medium enterprise business plan and the establishment of a factory to establish a factory site of 2,93 square meters, a building area of 1,735 square meters, and a factory for manufacturing nitrogen compounds, on the ground of 4,014 square meters (a special-purpose area: an agricultural and forest area; hereinafter “instant application site”) located in Seodo-si, Seodo-si and 747 square meters and 1,014 square meters of land (hereinafter “special-purpose area”). On March 21, 2016, the Defendant approved the said establishment plan on April 12, 2016.

B. A building permit application and non-permission disposition 1) The Plaintiff is a factory for manufacturing fertilizer of 2,93 square meters on the site of the instant application site and nitrogen compounds of 1,652.65 square meters on the site of the instant application site (hereinafter “instant factory”).

In order to newly build a factory site, on May 11, 2016, an application for permission to engage in development activities (such as changing the form and quality of land) for building site for the Defendant (hereinafter “instant application”).

(2) On July 25, 2016, the Defendant rejected the instant application for the following reasons.

(2) The Defendant: (a) deemed that the application for permission for development activities and the application for permission for construction permission were filed in the instant case; and (b) notified the title as “non-permission for construction permission”; (c) the Defendant applied for permission for development activities: non-permission - the residents, such as neighboring farmers due to malodor, and the tourists using a mountain natural recreation forest, are anticipated to suffer damage to nearby areas; (d) the location of the site is inappropriate as a result of the deliberation by the Steering City Development Committee, such as in harmony with neighboring areas, and whether there is no damage to neighboring areas; (e) Article 59(1) of the National Land Planning and Utilization Act and Article 57(Deliberation by the Urban Planning Committee, etc. on Development Activities) of the Enforcement Decree of the same Act; and (e) the permission for development activities under Article 11(5)3 of the Building Act.

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