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(영문) 대구지방법원 2020.12.24 2020구합918
건축불허가처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 21, 2019, the Plaintiff filed an application with the Defendant for a construction permit to newly build the same and plant-related facilities (a stable) with the building area of 1,882.4 square meters and the total floor area of 1,783.6 square meters on a parcel outside Kimcheon-si, Kimcheon-si and one other.

In accordance with the guidelines for operation of permission for development activities, the construction of stables shall take into account the risk of harmful insects, such as malodor, environmental pollution caused by air pollution, water pollution, soil pollution, soil pollution, dust dust, etc., the actual use condition or land use plan, etc. of the surrounding areas, due to the construction of stables in accordance with Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act,

B. On October 16, 2019, the Defendant rendered a disposition rejecting the Plaintiff’s application for construction permit on the following grounds.

(hereinafter “instant disposition”). C.

On December 2, 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Standingbuk-do Administrative Appeals Commission. However, on January 20, 2020, the Standingbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim.

(hereinafter referred to as “instant adjudication”). 【The ground for recognition of the instant adjudication” has no dispute, Gap evidence Nos. 2, 4, Eul evidence Nos. 5-1, 5-2, and the purport of the entire pleadings.

2. Whether the lawsuit of this case is lawful

A. The defendant asserts that the lawsuit of this case is unlawful because the period for filing the lawsuit of this case is expired.

B. According to Article 20(1) of the Administrative Litigation Act, where an administrative appeal is requested, a revocation lawsuit shall be instituted within 90 days from the date of receipt of the original written adjudication.

C. On January 20, 2020, the judgment of this case that dismissed the administrative appeal filed by the plaintiff against the disposition of this case was rendered by the Gyeongbuk-do Administrative Appeals Commission on January 20, 2020. In full view of the purport of the entire pleadings in the evidence Nos. 5-3 and Nos. 6, the Gyeongbuk-do Administrative Appeals Commission rendered a written ruling of this case at the plaintiff's domicile on January 31, 2020.

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