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(영문) 대구지방법원 2019.01.16 2018구합23475
건축허가신청 불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 11, 2017, the Plaintiff: (a) constructed an animal and plant-related facility (a) with a total floor area of 1,707.64 square meters in Kimcheon-si, Kimcheon-si (hereinafter “Bri”) and a total of 1,707.64 square meters in a main building; and (b) constructed an animal and plant-related facility (a livestock shed) with a total floor area of 635.68 square meters in total in D field 2,466 square meters adjacent to the said land (hereinafter “instant site”); and (b) applied for a building permit in the form of complex civil petitions containing an application for permission for development activities and for installation of livestock excreta discharge facilities in order to raise 1,500 pigs.

B. Accordingly, neighboring residents filed a counterclaim, the Defendant held a civil petition conciliation committee on January 26, 2018.

Although the civil petition mediation committee tried to hear the opinions of the plaintiff and neighboring residents and resolve the dispute smoothly, it did not make mediation, it decided that the application for permission for development and building permission of the plaintiff is "non-permission".

C. Accordingly, on February 1, 2018, the Defendant rejected the Plaintiff’s application for building permit as follows:

(hereinafter “instant disposition”). Notice of non-permission

1. The results of deliberation by the civil petition conciliation committee shall deliberate and decide on the application for permission for development and building permission, and notify it;

Grounds for non-permission: In accordance with Articles 56 and 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and guidelines for the operation of development activities, taking into account the actual use condition or land use plan of surrounding areas, etc., and the construction of a stable is likely to cause environmental pollution, such as air and water pollution and dust.

On March 26, 2018, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeals commission with the Standingbuk-do Administrative Appeals Commission. However, on May 28, 2018, the appeal was dismissed.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

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