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(영문) 대구지방법원 2018.08.30 2018구합21066
건축허가사항변경신청불허가처분취소
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 June 5, 2017, the Plaintiff filed an application for the change of the purpose of construction and large-scale repair (hereinafter “instant application”) for the purpose of changing the permitted matters of the existing report on construction as a complex civil petition with the content of constructing three guidances (the site area of 9,953 square meters, the building area of 3,930 square meters, the total floor area of 3,930 square meters, and the area of 3,930 square meters; hereinafter “instant guidances”) on the ground of each of the following land located in Kimcheon-si (hereinafter “Fri”) (hereinafter “instant application”).

G 1 G 1 G 436 square meters 893 square meters 2,441 square meters J 4 J 399 square meters 392 square meters 5 K 1,732 square meters 6 square meters 567 square meters 7 square meters 550 square meters 550 square meters

B. On November 1, 2017, the Defendant, following the deliberation by the civil petition mediation committee of Kimcheon-si, notified the Plaintiff of development activities and building disapproval for the following reasons (hereinafter “instant disposition”).

Grounds for Non-permission

(a) The actual use of land or land utilization plan, etc. in the surrounding area shall be considered in accordance with the guidelines for operation of permission for development activities under Articles 56 and 58 of the National Land Planning and Utilization Act and guidelines for operation thereof, and concerns over the occurrence of environmental pollution, such as air, water quality, soil contamination, dust dust, etc. due to the establishment of Gyeyang cases;

(b) The development of Nuri village in the vicinity of the application site is likely to pollute food sources of village residents in the event of new construction of a mountain village.

C. The statutes related to the disposition of this case are as shown in the attached Form.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 10 evidence, Eul's 2 (including spot numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked inasmuch as it is unlawful by abusing or abusing discretionary power, which merely or misleads the following facts:

1 The filing site of this case is located in neighboring Ori Village and at least 510 meters away, and is located in the livestock breeding restriction area at the time of the filing of this case.

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