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(영문) 청주지방법원 2019.04.25 2018구합4323
건축허가신청반려처분취소
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 filed a prior request with the Defendant on March 2016, as to whether it is possible to newly construct a stable of 1,200 square meters on the land of the said three lots, in order to construct a stable on each of the above land and D 1,295 square meters on each of the above land and D 1,295 square meters.

B. On March 15, 2016, the Defendant notified the Plaintiff that livestock pens may be constructed when meeting certain conditions (hereinafter “instant notification”). The main contents of the notification are as follows.

As a result of the review of the opinion on the review of the relevant provisions, permission for development activities and restrictions on activities under the National Land Planning and Utilization Act - at least 50 cm on earth-raising under Article 56 of the National Land Planning and Utilization Act, the change of land category and packing activities shall be subject to permission for development activities: Provided, That there shall be no conflict

(w) REUD ACT ACT. - The development permission standards are in conformity with attached Table 1-2

(b) ADDDD ACT. - A building permit shall be granted in accordance with Article 11 of the Building Act at the time of construction of a building

(b)be able to construct animal and plant-related facilities (a stable-satis) when the conditions set out above are met.

C. Accordingly, on March 21, 2016, the Plaintiff completed the registration of ownership transfer on March 18, 2016 with respect to the said D 1,295 square meters, and the said D land was merged into C land on March 25, 2016.

Therefore, in this case, B and C shall be referred to as the "land of this case", including B and C.

Then, on July 19, 2018, the Plaintiff filed an application for a building permit with the purport that the Plaintiff constructed 2,975 square meters of light steel structure panel roof and plant-related facilities (e.g., Dogs) on the instant land.

E. On August 28, 2018, the Defendant demanded the Plaintiff to supplement the following matters by September 18, 2018, pursuant to Article 22(1) of the Civil Petitions Treatment Act, and even October 10, 2018, the Plaintiff did not supplement it by the said deadline.

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