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(영문) 광주지방법원 2018.07.05 2017구합11244
건축허가신청반려처분취소
Text

1. The disposition that the Defendant rendered against the Plaintiffs on April 6, 2017 rejection of the application for building permit is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 31, 2016, the Plaintiffs filed an application with the Defendant for a new construction of the building area and the total floor area of 4,023.75 square meters and the building area of 8,453 square meters, and the building area of 4,023.75 square meters and the main building of 4,023.75 square meters, and 1 attached buildings, and the plant-related facilities, and the Plaintiff B filed an application with the Defendant for a new construction of the building area and the total floor area of 3,348.75 square meters and the building area of 7,789 square meters in two lots, both D and D, which are neighboring the said fraternity (hereinafter referred to as the “instant site”), and the building area of 7,789 square meters in two lots, both adjacent to the said fraternitys (hereinafter referred to as “the instant site”).

B. Accordingly, on April 6, 2017, the Defendant rejected the application for building permit against the Plaintiffs for the following reasons after undergoing three deliberations by the Mine and Gun Planning Committee (hereinafter “instant disposition”). A.

Infringement of the right to live in a pleasant environment due to malodor, noise, etc. due to a typical rural village formed by a village, such as E village and F village, in the vicinity of the application site;

(b) In addition, the site for application is an area with excellent rural landscape and where G is adjacent to a rural road, there is no dispute as to the infringement caused by damage to the landscape plan (based on recognition) compared to the landscape plan at the time of the site for breeding, entry in Gap's 1, 2, 7 through 9, Eul's 1 and 2 (including the provisional number; hereinafter the same shall apply), and the purport of the whole pleadings;

2. The plaintiffs' assertion of this case is unlawful for the following reasons.

The Defendant did not present the relevant legal basis for the instant disposition.

B. There is no ground for the instant disposition.

C. The instant disposition abused discretion.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. Article 23(1) of the Administrative Procedures Act provides that when an administrative agency takes a disposition, it shall provide the basis and reasons for the disposition to the parties. This shall exclude arbitrary decisions of the administrative agency and shall make the parties appropriate in the administrative remedy procedure.

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