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(영문) 전주지방법원 2019.10.30 2018구합3353
건축신고사항변경신고(개발행위허가 불허) 처분취소
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 February 13, 2018, the Plaintiff filed a building report for the construction of Class I neighborhood living facilities (hereinafter “instant building”) with a building area of 9.64 square meters and a total floor area of 9.64 square meters on the ground on the ground of Jeonju-gun B (hereinafter “instant application site”) with the Defendant, and the Defendant issued a report completion certificate on the construction of the instant building on March 2, 2018 to the Plaintiff.

B. On June 18, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for changing the form and quality of land, including an application for permission for change of farmland conversion, and an application for permission for change of building, large-scale repair, and change of the purpose of use (hereinafter “application for change of change”) to change the main purpose of the instant building to funeral facilities (animals exclusively used for animals), cemetery management facilities (animals crematory facilities, and charnel facilities exclusively used for animals) at the first class neighborhood living facilities.

C. On September 13, 2018, the Defendant rendered a disposition to the Plaintiff that did not grant permission for alteration of construction reports (hereinafter “instant disposition”) due to the following reasons.

(e) Grounds for non-permission of development permission (the National Land Planning and Utilization Act): In the event that a community district is formed in the vicinity of the project site, it causes environmental pollution in the course of incineration of animal funeral facilities (the funeral hall, cremation facility, and charnel facility), and adversely affects the image of the community, thereby causing infringement of the residents' living zone and property rights. The project site is inappropriate in the location, as it is located in the roads of rural and fishing villages adjacent to C major roads and is likely to cause traffic accidents at the time of entry into the project site due to the lack of traffic safety facilities, such as increase or decrease, speeding lines, etc., due to the location of the road adjacent to C major roads. The fact that there is no dispute over the selection of the site and implementation of the project [based], the fact that there is no dispute about the selection of the site suitable for graveyard-related facilities (animal facilities, charnel facilities, and funeral facilities for animals exclusive use), Gap evidence No. 1 through 3, and Eul evidence No.

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