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(영문) 대구지방법원 2020.01.16 2019구합23441
건축(증축)신고서반려처분 취소 청구의 소
Text

1. The disposition that the Defendant rendered against the Plaintiff on January 14, 2019 that the return of the building (extension) report shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From around 192, the Plaintiff: (a) removed part of the existing stables while building a stable on the ground of six parcels, including B and C (hereinafter collectively referred to as “the instant livestock shed”); and (b) on July 2, 2018, on the ground of the instant report site, the Plaintiff filed a report on construction (extension) of expanding animal and plant-related facilities (limited to one livestock shed, one warehouse, and one warehouse; hereinafter referred to as “the instant livestock shed”) with the Defendant on the ground of the instant report site.

(hereinafter “instant report”). (b)

Around July 2018, the Defendant requested the Ulsan Military Affairs Coordination Committee (hereinafter referred to as the “Committee”) to deliberate on the instant report. Around July 17, 2018, the Committee passed a resolution on “re-deliberation after supplementation” with the following contents.

As a result of review: Review after receiving and reviewing the measures to reduce malodor, the permission for the development of stone production of opinions to deliberate on civil petitions, such as agreement between the parties to review, and the permission for the collection of aggregate after gathering of residents' opinions in advance at the time of permission for the collection of aggregate, the permission is processed after the request for the settlement of civil petitions. As such, the civil petition for the construction permit is also processed after drawing a conclusion after inducing the countermeasures for the reduction of malodor between the relevant parties to take measures for the improvement of facilities

C. On July 23, 2018, the Defendant notified the Plaintiff of the results of the deliberation as above and demanded the Plaintiff to supplement the following matters by October 5, 2018, and requested the Plaintiff to supplement the same content by extending the date of supplementation on four occasions as the Plaintiff did not submit data upon the said request for supplementation.

Supplement: Submission of measures to reduce malodor and resolution of civil petitions against livestock death;

D. On January 12, 2019, the final date for supplementation, the Plaintiff did not submit the pertinent request for supplementation by January 12, 2019, and the Defendant notified the Plaintiff on January 14, 2019 that the instant report was rejected due to the following reasons:

(hereinafter “instant disposition”). B and one parcel outside of the Republic of Korea are located.

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