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(영문) 대구지방법원 2020.08.27 2020구합321
건축신고불수리처분취소
Text

The Defendant’s disposition of non-acceptance of the building report rendered to the Plaintiff on October 16, 2019 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. On June 25, 2019, the Plaintiff newly constructed a report on the construction of three animal and plant-related facilities (a stable) with the total floor area of 918 square meters in total (hereinafter “the instant application site”) and 1,894 square meters in total (hereinafter “the instant application site”) with the total floor area of 918 square meters in total, which are raised to the Defendant in Kimcheon-si B, Kimcheon-si (hereinafter “the instant livestock shed”).

(hereinafter “instant report”). The instant report included permission for development activities and permission for installation of livestock excreta discharge facilities as a package of disposition.

The ground for non-repair - The construction of a stable in accordance with the guidelines for the operation of permission for development activities, Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), Article 56 of the Enforcement Decree of the same Act, and the guidelines for the operation of permission for development activities, shall take into account the occurrence of pests, such as malodor in the relevant area and its neighboring areas, concerns over environmental pollution caused by air pollution, soil

On October 16, 2019, the Defendant notified the Plaintiff that the instant report was not accepted due to the following reasons:

(hereinafter referred to as the "disposition of this case")

The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeongbuk-do Administrative Appeals Commission, but the Gyeongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on February 24, 2020.

[Ground of recognition] The fact that there is no dispute, Gap 2, 4, 5, Eul 1, 7, 12, and 13 (including branch numbers; hereinafter the same shall apply), each entry, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 is merely a construction of a building, and there is no change in the form and quality of land, gathering soil and stones, dividing land, and piling up goods, etc., and thus, the instant disposition is not subject to permission of development.

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