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(영문) 서울고등법원 2017.03.16 2016누65819
건축허가처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of permission for development activities rendered against A on July 3, 2015 and July 27, 2015.

Reasons

Details of the disposition

1. Where there is a concern about the violation of an order, false or public interest pursuant to Article 133 (1) of the National Land Planning and Utilization Act, etc., the disposition may be taken, such as cancellation or suspension;

3. He shall implement the same project as the books of the work plan requested; and

17. He shall be equipped with perfect walls to prevent civil petitions in the surrounding environment, and he shall obtain a building permit;

26. He/she shall consult in advance with local residents in order to minimize civil petitions (such as access to construction vehicles, noise, dust, odor, etc.) which may occur before and after the commencement of the project and shall actively handle civil petitions when civil petitions occur;

29. He/she shall obtain permission for the installation of discharge facilities and the completion of construction thereof under Article 11 of the Act on the Management and Use of Livestock Excreta and shall thoroughly manage livestock excreta to prevent the occurrence of civil petitions at the time of operating livestock excreta facilities;

[Attachment 2] On March 18, 2015, A filed an application with the Defendant for permission to engage in development activities (such as changing land form and quality) aimed at “the creation of a site for animal and plant-related facilities” on the aggregate of 6,051 square meters of land B and C in Yangju-si, a rural area (hereinafter “instant site”).

On July 3, 2015, the Defendant accepted A’s application and rendered permission for development activities (hereinafter “instant permission for development activities”), and added the following conditions for permission for development activities:

A on July 6, 2015, on the instant land, filed a construction report on the construction of ten buildings with a total floor area of 3,483 square meters and 10 square meters (hereinafter “the instant money shed and warehouse”) related to animals and plants (a livestock shed”) on the instant land, and the Defendant received a construction report on July 27, 2015.

(hereinafter referred to as the “acceptance of the instant building report,” and this shall be referred to as the “each of the instant dispositions,” along with the instant development permit, [the grounds for recognition]. A.

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