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(영문) 수원지방법원 2017.09.05 2017구합726
불허가처분취소
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 December 20, 2016, the Plaintiff filed an application with the Defendant for permission for construction of livestock pens (sags and composts) with respect to B B,618 square meters (hereinafter “instant land”) located within a development-restricted zone, Silung-si, the Plaintiff owned the Plaintiff’s land within the development-restricted zone (hereinafter “instant application”).

B. On January 4, 2017, the Defendant: (a) anticipated environmental pollution, such as air pollution, water pollution, soil pollution, etc., in the surrounding area of the instant land; (b) could not grant a building permit to an area where road-based water supply and sewerage has not been installed; and (c) the stable that the Plaintiff intends to construct, pursuant to the provisions of the Ordinance on the Standards for Permission of Acts in Development Restriction Zones (hereinafter “instant Ordinance”), did not meet the requirements to remove at least 300 meters from multi-family housing and schools (hereinafter “multi-family housing, etc.”) pursuant to the provisions of the Ordinance on the Standards for Permission of Acts in Development Restriction Zones (hereinafter “instant Ordinance”); and (d) was located within 250 meters from the instant land (C Park, hereinafter “instant Park”); and thus, (e) rendered a disposition of non-permission to the instant application (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion of this case should be revoked on the ground that it is unlawful for the following reasons.

Although the distance between the place of actual livestock shed and multi-family housing, etc. is about 330 meters from the land of this case, the defendant judged that the distance is within 300 meters, and the disposition of this case was made, the above disposition is unlawful.

B. The instant disposition cited that the distance between the instant land and the instant park is within 250 meters as the grounds for the disposition, but the distance from the said park.

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