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(영문) 청주지방법원 2017.06.22 2016구합11785
건축허가(복합민원)불허처분취소청구의 소
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. On July 4, 2016, the Plaintiff: (a) filed an application with the Defendant for permission for development activities, an application for building permission, a report on the installation of livestock excreta discharge facilities, etc., with a view to newly constructing a housing site area of 4,60 square meters on the ground of 8,268 square meters above the land site area (hereinafter “instant application site”); (b) 1,780 square meters in a building area; and (c) 1,780 square meters in a total area of 1,780 square meters in a single story, which is an animal and plant facility related to one story (hereinafter “instant facility”), with the Defendant, to build a new housing site (hereinafter “instant application”).

B. On July 18, 2016, the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) (hereinafter “National Land Planning and Utilization Act”) intended to build a stable adjacent to a factory under operation at the 22nd Gun Planning Committee under the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”), a civil petition is filed in the factory, and it cannot be said that it is good as a site for a stable. Accordingly, a resolution to re-examine the Plaintiff on July 25, 2016 is made after seeking measures to avoid a horse with a factory and to minimize damage.

C. On August 8, 2016, which was held on August 8, 2016, the Defendant rejected a retrial on the ground that “the construction site is inappropriate due to the location of a large number of factories in the vicinity of the project site, and the development that is not in harmony with the surrounding environment, and is likely to cause malodor, livestock wastewater, etc. to nearby villages and factories,” the Defendant rendered a disposition rejecting the instant application against the Plaintiff on August 10, 2016 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an illegal disposition that abused discretion or damages the Plaintiff’s legitimate trust for the following reasons.

(1) A livestock breeding family register.

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