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(영문) 광주지방법원 2018.12.06 2017구합12827
건축허가처분취소
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”)

(2) The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are residents adjacent to the Gangnam-gun D, E, and F (hereinafter “instant application site”) of Gangnam-gun, Gangnam-gun, the head office of which is located, running the business of crushinging concrete poles, steel reinforced concrete products manufacturing, etc.

The land of H 53,786 square meters in J. 53,786 shall be divided on May 1, 2014, and the area was changed to 9,234 square meters. On December 8, 2017, the lot number was changed to the 5,234 square meters in Gangnam-gun, Gangnam-gun, Chungcheongnam-do, and the area was changed to the 9,247 square meters, respectively. Since then, due to division and land category change, the land is 6,856 square meters in Gangnam-gun, Chungcheongnam-do.

On December 8, 2017, the land of 1,321 square meters in the 1,321 square meters in the Dogjin-gun, Jeonnam-gun was changed to F, Jinnam-gun, and the area was changed to 1,262 square meters in the 1,262 square meters in the Dogjin-gun, Jeonnam-gun.

B. B around July 20, 2013, upon obtaining a comprehensive waste recycling business license from the Defendant, the Defendant operated a facility for recycling waste poles in two lots, including Gangnam-gun G, Gangnam-gun, etc., to move the pertinent recycling facility to the instant application site. B) around October 28, 2013, upon filing an application for permission to engage in development activities on the instant application site for the purpose of changing the form and quality of land for creating a waste recycling site. Around January 2014, upon obtaining permission to engage in development activities from the Defendant for the following land from January 2014 to September 30, 2014; and on September 30, 2014, obtaining permission to engage in development activities from the Defendant for the period of permission to engage in development activities from January 20 to September 30, 2014.

JK K 53,786 9,234, Gangnam-gun, Gangnam-gun, Gangnam-gun, Gangnam-do, JK 1,321,321, JK 1,640 in total 56,747 11,2103 B, Sept. 30, 2015, the period of permission for development activities from the Defendant on September 30, 2015, with the permission for alteration from January 2014 to September 30, 2016.

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