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(영문) 광주지방법원 2017.10.26 2017구합11480
건축허가거부처분취소
Text

1. The Defendant’s rejection disposition against the building permit issued on March 8, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On November 29, 2016, the Plaintiff filed an application for a building permit with the Defendant to construct four facilities related to the same plant and one building attached thereto (7,064m2 in total, 7,064m2) on the 4 premises and one building attached thereto (hereinafter “instant application site”).

B. On March 8, 2017, the Defendant rejected the Plaintiff’s application for permission of construction on the ground that “the instant application is in conflict with the provisions of Article 3(1)1 and [Attachment Table 2 of the former Ordinance on the Restriction on Livestock Raising of Bosung-gun (hereinafter “former Ordinance on the Livestock Raising of Bosung-gun”) within 700 meters from a residential area.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant, who failed to announce a topographic map, did not prepare and publicly announce the topographical map under the Framework Act on the Regulation of Land Use, did not have any effect on the designation of a livestock breeding restriction zone. Ultimately, the instant disposition was unlawful as it was not in violation of the former Ordinance on Livestock breeding of Bosung-gun. 2) The Defendant issued the instant disposition on the ground that the instant construction report and the commencement report of construction for the single household and the multi-family house 4 households were made at a place less than 370 meters away from the place of the instant application, but the instant disposition was made on the ground that the instant construction report and the commencement report were made, but if the building was not yet completed, it does not constitute “household” as prescribed by the former Ordinance on Livestock breeding of Bosung-gun,

The instant disposition is unlawful as it does not constitute a ground for disposition.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination of the relevant legal doctrine is based on the Act on the Management and Use of Livestock Excreta (hereinafter “Act on Livestock Excreta”).

Article 8 (1) 1 shall be the head of a Si/Gun/Gu.

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