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(영문) 대구지방법원 2018.08.31 2018구합311
건축불허가처분취소
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 August 3, 2017, the Plaintiff filed an application with the Defendant for a building permit that included permission for development in the method of complex civil petitions for the purpose of newly constructing three animal and plant-related facilities of a total floor area of 2,560 square meters in total floor area of 3,131 square meters and D 3,312 square meters (hereinafter “instant application site”) in Kimcheon-si, Kimcheon-si (hereinafter “Bri”) (hereinafter “instant application site”).

In accordance with Articles 56 and 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and guidelines for the operation of permission for development activities, considering the actual use status or land use plan, etc. of surrounding areas and there is a risk that environmental pollution, such as atmosphere, water quality, soil contamination, dust dust, etc., may occur due to the establishment

B. On February 1, 2018, the Defendant notified the Plaintiff on February 1, 2018 of non-permission of the said application for the following reasons after deliberation by the Civil Petitions Conciliation Committee.

(hereinafter “Disposition of this case”). 【Ground of recognition】 Facts having no dispute, the purport of the entire pleadings, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1) The Plaintiff’s application for a building permit does not conflict with the criteria for the permission under the Building Act and other relevant Acts and subordinate statutes as follows. ① The instant application does not fall under the livestock raising restriction area, and the Defendant’s related departments also responded that there is no objection to the Plaintiff’s application for a building permit as a result of the consultation. ② The instant disposition is essentially an infringement upon the Defendant’s exercise of property rights without any legal basis on the sole abstract and vague grounds that the Defendant is likely to cause environmental pollution in the future. (ii) The instant disposition constitutes the following cases where the Defendant misleads the facts, or violates the principle of equity and non-performance, thereby exceeding the bounds of its discretionary power.

① The Plaintiff is sanitary and sanitary at the place of the instant application.

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