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(영문) 창원지방법원 2020.09.17 2019구합53707
건축불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 13, 2019, the Plaintiff filed an application with the Defendant for a construction permit (including permission for development activities (such as changing land form and quality) deemed a construction permit) stating that construction of construction waste disposal facilities (including two stories, three Dongs, a total floor area of 1,757.12 square meters on the ground, and hereinafter “instant facilities”) is to be constructed on the ground of the land for C, D, E, E, F, and 8,281 square meters (hereinafter “the instant application site”).

B. On March 21, 2019, the Defendant rejected the instant application for the following reasons to the Plaintiff on March 29, 2019, following deliberation by the Urban and Gun Planning Committee.

(hereinafter “instant disposition”). The notification of non-permission of a civil petition filed for a building permit (development activities, diversion of farmland, and deemed permission for mountainous district conversion)

(a) Article 59 of the National Land Planning and Utilization Act, Article 56 of the National Land Planning and Utilization Act, and Enforcement Decree of the National Land Planning and Utilization Act [Attachment Table 1-2] (Standards for Permission for Development Acts);

B. According to the Enforcement Decree of the National Land Planning Act that "the result of deliberation by the Urban Planning Committee (C. 21, 2019) on resources circulation-related facilities subject to deliberation by the Urban Planning Committee pursuant to Article 59 of the National Land Planning Act shall be treated as rejection for the reasons", and there is no risk of environmental pollution, water pollution, soil pollution, noise, vibration, dust, environmental pollution by dust, destruction of ecosystem, etc. in the relevant area and its surrounding areas due to development activities, and there is no risk of causing danger and injury, etc., but the resources circulation-related facilities applied for shall be within the buildings sealed to handle a large of 1,280 tons per day according to the project plan. However, there is a concern about scattering and traffic accidents due to frequent entry of large vehicles, and it does not comply with the standards for permission under the National Land Planning Act to promote public welfare and to improve the quality of life of the people, and it does not comply with the purpose of implementation of the project.

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