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(영문) 창원지방법원 2020.11.12 2019구합54243
건축허가불수리처분취소
Text

1. On July 16, 2019, the part of the disposition against the Plaintiff for non-acceptance of the building report shall be revoked.

Reasons

1. Details of disposition;

A. On May 14, 2019, the Plaintiff is deemed to have filed a building report and permission for development activities to install warehouse facilities (a 2-dong, 256 square meters of the total floor area; hereinafter “instant warehouse”) on the ground of 873 square meters of land among 3,729 square meters (hereinafter “instant land”) with the Defendant on the land in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

B. On the same day, permission for development activities is deemed to be deemed to have been granted for the construction of animal and plant-related facilities on the ground of 1,297 square meters among the land in the instant case for the same day to newly build a mushroom farming house (2 Dong, 378 square meters in total area, hereinafter “the mushroom farming house in this case”).

A. Before 200:

As a result of the relevant legal review, with respect to an application for a construction report (new construction) of the instant land storage facilities and a mushroom farming company (new construction) on May 14, 2019 from E.I.D. notification of the absence to report construction (new construction) on E.I.D., it is understood that the application inevitably disposes of the building permit due to the following reasons.

Details of disposition: Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act (Standards for Permission for Development Acts), Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act (Standards for Permission for Development Acts), which is not in conformity with the purpose of applying for development acts - In the case of a mushroom cultivator who fails to comply with the project plan, such as the absence of measures to prevent direct ore dressing and the entry of surrounding agrochemicals in the structure of a building - inappropriate location due to concerns over damage caused by nearby farming activities (explosion of agricultural chemicals, etc.) - Cases of installation of similar laws for other purposes

B. On July 16, 2019, the Defendant rendered a disposition of non-acceptance of the Plaintiff’s building report as follows.

(hereinafter “instant disposition”). C.

On July 16, 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Daegu-do Administrative Appeals Commission, but the appeal was dismissed on October 2, 2019.

[Reasons for Recognition] The facts without dispute, Gap 1, 2, Eul 1 to 5, the entire purport of the pleading

2. The instant disposition is made.

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