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(영문) 대구지방법원 2017.10.25 2017구합20912
건축신고 불허가처분 취소
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. Around February 2, 2017, the Plaintiff filed a construction report in the form of complex civil petition, including permission for and report on the installation of livestock excreta discharge facilities, with the aim of newly constructing 1,281 square meters in total, four Dong and plant-related facilities (hereinafter “the instant livestock shed”) on the land outside the north-gu Seoul and one parcel of land (hereinafter “the instant application site”) located in the livestock shed, which had been operated by the Plaintiff’s Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

(hereinafter “instant building report”). (b)

On March 7, 2017, the Defendant rendered a provisional disposition for denying the return of the instant building report to the Plaintiff for the following reasons.

(hereinafter “instant disposition”). 【Notice of Denial of Provisional Disposition against Construction Report】

2. As to the building report of this case, I do not grant permission for the following reasons:

Reasons for non-permission - concerns over residents' damage and environmental pollution caused by the new construction of livestock pens, and deterioration of the residential environment caused by the formation of a livestock complex in front of the village - The production of environment-friendly rice production site and the likelihood of direct damage to the production of environment-friendly agricultural products and pollution of water sources in the construction of a livestock shed are likely to occur in the event of construction of a livestock shed - The lack of measures for prevention of damage and measures for prevention

C. On May 29, 2017, the Plaintiff, who was dissatisfied with the instant disposition, filed an appeal with the administrative appeals commission of Gyeongbuk-do, but the appeal was dismissed.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 (including each number, hereinafter the same shall apply), Eul's 1 through 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion 1, Article 14 of the Building Act and other relevant laws and regulations, in the case of a building report, if the report satisfies the requirements stipulated in the relevant Acts and subordinate statutes and is lawful, the administrative agency must report.

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