1. The Defendant’s provisional disposition of denial of construction against the Plaintiff on January 8, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 18, 2017, the Plaintiff filed an application with the Defendant for a construction permit with the content that the Plaintiff newly built three animal and plant-related facilities of the size of 733m2 and 52m2 m2 (hereinafter “the instant house”) on the ground of 1,879m2 (hereinafter “the instant application site”) on the land of 1,879m2 (hereinafter “the instant house”).

(hereinafter “instant application”). (b)

On December 12, 2017, the Defendant referred the agenda to the Civil Petition Coordination Committee for the instant application, which was rejected as a result of the deliberation.

C. On January 8, 2018, the Defendant notified the Plaintiff that the instant application was rejected on the ground that “the processing guidelines, such as the authorization, permission, etc. of facilities harmful to the environment in the city of official residence, and the “the result of deliberation by the Civil Petitions Coordination Committee” under the Ordinance on the Operation of the Civil Petitions Coordination Committee in the City of official residence pursuant to the Ordinance.”

(hereinafter referred to as “instant disposition”). [The grounds for recognition: the absence of dispute, Gap’s evidence 1, and Eul’s evidence 5]

2. The purport of the Plaintiff’s assertion is to revoke the instant disposition on the following grounds.

(1) The instant disposition is unlawful as it was conducted without any legal basis, on the ground that the instant disposition was rejected as a result of the deliberation by the Civil Petition Conciliation Committee (hereinafter “Civil Petition Conciliation Committee”) on the ground that the instant disposition was conducted without legal basis, on the ground that the guidelines for the authorization, permission, etc. of environmental damage facilities are merely an administrative rule with no legal effect.

(2) 악취 등 환경피해, 지가하락 등으로 인한 인근 주민 반대 관련 사유 ㈎ 민원조정위원회는 ‘지역 인근 주민들이 축사로 인한 지가하락 우려와 악취 등 다양한 환경피해가 예상되고, 생활환경에 지장을 초래할 것이란 사유로 축사 신축을 반대하고 있다’는 이유로 불가 결정을 하였는데, 건축법상 건축허가는 관계 법령에서 정하는 제한 사유 이외의 사유를 들어 거부할...