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(영문) 광주지방법원 2018.07.12 2017구합11602
건축허가신청 반려처분취소
Text

1. On May 16, 2017, the Defendant’s disposition of accepting an application for construction permit against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 24, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly build Dong and plant-related facilities of a total area of 13,500 square meters on the ground, 13,500 square meters on the ground, Jeonnam-gun, and one parcel (hereinafter “instant application site”).

B. On June 20, 2016, the Defendant returned the instant application to the Plaintiff for the following reasons.

Grounds for rejection

(a) In accordance with the consultation opinion of the Yeongsan River and Seomjin Environmental Office, there is a concern that habitat environmental damage is likely to be done by investigating whether the relevant business site forms the PPPP as a legal protected species in the surrounding area

B. The area subject to the project and surrounding areas are superior to the landscape in the preserved mountainous district and the scenic area in which the relevant reservoir is located, and the facilities, etc. are located in the major tourist roadside leading to C history-D history-E-F, causing substantial damage to the landscape.

(c) There is a site in which it is permitted to collect earth and rocks in the vicinity thereof, causing damage to the field, waste sand, safety accidents, etc. in the blasting;

C. On January 26, 2017, the Plaintiff filed an administrative litigation seeking revocation with the Gwangju District Court. On January 26, 2017, the Plaintiff rendered a judgment revoking the said disposition on the grounds that it was illegal by abusing and abusing discretion by the Gwangju District Court 2016Guhap11643, and the said judgment became final and conclusive on February 15, 2017.

On May 16, 2017, the Defendant again issued a return notification (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant application was rejected due to the following grounds as a result of deliberation by the Committee for Permission for Development of the Mine and Gun Planning Committee:

Grounds for rejection

(a) The deterioration of the living conditions of local residents due to environmental damage related to the livestock industry, such as damage to the natural landscape, surrounding environmental damage, malodor caused by the operation of livestock pens, livestock dust, livestock wastewater, and groundwater pollution, due to the area of the business site is 28,957 square meters and the number of buildings is 10 dongs, etc.;

(b) The National Land Planning and Utilization Act;

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