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(영문) 대구지방법원 2017.10.31 2017구합21588
건축허가신청반려처분취소
Text

1. The Defendant’s disposition of rejecting an application for building permit filed against the Plaintiff on May 1, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 8, 2017, the Plaintiff filed an application with the Defendant for a construction permit including permission for development activities, permission for diversion of farmland, etc. (hereinafter “instant application”) for the following new construction of a building on the Seo-gu, Daegu and one parcel (hereinafter “instant application”).

A building area: A total floor area of 383.74 square meters: The number of main buildings with 632.7 square meters: One residential purpose: Matters to be comprehensively treated by funeral facilities ( animal-only funeral homes, animal crematory facilities, and charnel facilities for animal-only use): Permission for development activities, reporting or consultation on diversion of farmland, reporting on installation of private sewage treatment facilities, and reporting on installation of drainage facilities.

B. On March 29, 2017, the Seo-gu Seoul Metropolitan City Urban Planning Committee held on the instant application and rejected the instant application due to the following reasons. Accordingly, on April 3, 2017, the Defendant demanded the Plaintiff to supplement the Plaintiff to submit supplementary documents to the effect that “(i) as a result of the deliberation by the National Urban Planning Committee of the Republic of Korea, as the result of its deliberation, did not allow the development activities (land form and quality alteration) and the application for permission to divert farmland, the reasons for rejection should be supplemented; and (ii) a person with superficies’s submission of the written consent to land use by April 17, 201

Results of deliberation by the 2nd Urban Planning Committee of 2017 – B, C (Change of land form and quality) - Review of effects of the surrounding environment, such as neighboring residential areas, educational facilities, religious facilities, etc. that have been rejected as a result of deliberation - Insufficient data to be submitted for improper deliberation on road traffic - Measures against vehicle traffic problems - The necessity of facilities and changes in perception of companion animals due to the necessity of facilities and changes in perception of companion animals - Opening and utilization of facilities through the removal of residents' opinions - Measures to open and utilize facilities through the gathering of residents' opinions.

C. The Plaintiff did not comply with the request for supplementation, and the Defendant on April 19, 2017.

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