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(영문) 대구지방법원 2017.02.10 2016구합1938
건축신고불수리통보취소
Text

1. The Defendant’s disposition of non-acceptance of a building report against the Plaintiff on July 7, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 26, 2016, the Plaintiff filed a building report (hereinafter “instant building report”) with the Defendant to construct the same plant-related facilities of 6,076 square meters in total area and 2,99 square meters in total area on the land area of 6,076 square meters in Kimcheon-si B, and 3 lots (hereinafter “instant site”).

B. The Defendant, on June 29, 2016, referred the case to the civil petition conciliation committee on the ground that, as a result of conducting the pre-announcement of administration on the C page to which the instant application place belongs, a considerable number of residents submitted the opposing opinions on the ground of damage to agricultural crops, such as nasium and pos

C. On July 7, 2016, the Defendant notified the Plaintiff that the instant building report would not be accepted for the following reasons upon deliberation by the civil petition coordination committee (hereinafter “instant disposition”).

The grounds for non-acceptance (hereinafter “instant disposition grounds”) are areas where the surrounding area to which the instant application is filed in accordance with Articles 56 and 58 of the National Land Planning and Utilization Act (Permission for Development Acts, etc.) and the operation guidelines for permission for development acts are needed to be preserved as excellent farmland, such as consideration of harmony with surrounding environment and the prevention of the spread of similar facilities, etc. due to agricultural and forest areas, and the construction of livestock pens is likely to cause environmental pollution, such as air quality, water quality, etc., in surrounding areas, and damage to surrounding crops (e.g., outdoor, islands, etc.) is expected.

[Ground of recognition] The fact that there is no dispute, Gap evidence 5 through 7, Eul evidence 1 through 5 (including each number), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to cause environmental pollution, such as air and water quality, soil quality, etc., in the surrounding area due to the construction of the letter company of this case, and this is expected to cause damage to surrounding agricultural crops, such as nasium and posium.

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