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(영문) 대구지방법원 2019.11.20 2019구합21490
건축불허가처분취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies engaged in raising livestock, distributing and selling livestock products, etc. from the Cheongbuk-gun F of the Cheongbuk-gun.

B. On June 27, 2018, Plaintiff A filed an application for a building permit with the Defendant on June 27, 2018, for KRW 4,950 square meters (hereinafter “the first application place”).

(2) The Plaintiff B filed an application for a building permit in the form of a complex civil petition that is deemed permission for development activities to build one Dong-related facility with a building area of 1,97.07 square meters and a total building area of 3,935.82 square meters and a building area of 1,00 square meters and one Dong-related facility.

8. 3. The Defendant filed an application for a construction permit in the form of a civil petition with which permission for development is deemed permission to construct one identical plant-related facility of the building area of 1,997.07 square meters and the total floor area of 3,935.82 square meters in each building area of 1,000 square meters in each of the above D orchard 4,950 square meters and E orchard 4,950 square meters (hereinafter collectively referred to as “second application site,” and collectively referred to as “each of the instant applications site”).

(hereinafter referred to as “each of the instant applications” in total of the applications for building permission filed by Plaintiff A and B.

On December 26, 2018, the Defendant rendered a provisional disposition of denial of construction by the Defendant, following the Cheongong-gun Gun Planning Committee, which rejected each of the instant applications for the following reasons:

(hereinafter “each of the dispositions in this case”) - Deliberation by the Cheongong-gun Urban Planning Committee under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 57(1) of the Enforcement Decree of the same Act - Nonpermission (nonpermission) - Environmental pollution caused by lighting with the surrounding environment, such as G, H, etc., sewage, malodor, etc., and the possibility of soil erosion caused by normal development. The application of each of the instant cases is registered as Bong-gun, and the area of the land subject to actual development activities, such as the purpose of the development activities, the right to use the land, etc., is located in the upper region of G. The scope of the land subject to actual development activities.

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