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(영문) 광주지방법원 2020.09.10 2020구합10418
건축불허가처분취소청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 16, 2019, under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff filed an application for permission to construct animal and plant-related facilities (including an application for permission for development acts) on the ground of 2,852 square meters and C 3,000 square meters (hereinafter “the instant application site”).

B. In accordance with the National Land Planning and Utilization Act, the Defendant requested a deliberation to the Committee on Long-Term Gun Planning on the Plaintiff’s application. Around July 2019, the said Committee requested the Plaintiff to hold a sixth meeting to supplement “the matters related to the safety construction of rivers, re-consultations, review of traffic plans, and review of civil engineering plans,” etc., and decided to dismiss the Plaintiff’s application’s motion on October 29, 2019 on the ground that “the protection of river ecosystems, the prevention of environmental pollution, and the concerns over landscape damage,” etc.

C. On November 28, 2019, the Defendant issued a notice of non-permission of the Plaintiff’s filing of the instant application (hereinafter “instant disposition”) accompanied by a written resolution of the said planning committee and a written agreement on non-consultation of development activities with the following contents.

(B) A letter of non-consultation on Development Activities)

4. Grounds for non-approval.

A. As to the application form of this case, for the purpose of constructing animal and plant-related facilities (satisfies) in the application form of this case, a new owner of the building permit and a permission to engage in development activities (satisfying

(b) Criteria for permission for development activities under Article 58 of the National Land Planning Act and Article 56 of the Enforcement Decree of the same Act (attached Table 1-2 of the Enforcement Decree; No. 997 of the Ministry of Land, Infrastructure and Transport);

(c) Sub-defects due to concerns over the protection of river ecosystems and prevention of environmental pollution, and damage to landscape as a result of deliberation by the Urban or Gun Planning Committee (Development Division) under Article 59 of the National Land Planning Act and Article 57 of the Enforcement Decree of the same Act (the 8th time in 2019) - Article 58 (1) of the National Land Planning Act and Article 56-1-2 of the Enforcement Decree

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