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(영문) 대전지방법원 2017.10.19 2017구합100405
건축공사 재착수계 신청서 반려통지처분취소
Text

1. The Defendant, on March 6, 2014, limited to the Plaintiff regarding the building permit on the land B and four parcels, Chungcheongnam-gun, Chungcheongnam-gun, and the Plaintiff.

Reasons

1. Details of the disposition;

A. From around 2002, the Plaintiff raised a lawsuit in the Yaean-gun B, Chungcheongnam-gun, Chungcheongnam-gun.

On March 22, 2013, the Plaintiff obtained a building permit for the extension of two existing livestock pens (1,020 square meters, 85.76 square meters) and livestock excreta discharge facilities (hereinafter “instant building permit”) located on the land outside Chungcheongnam-gun, Chungcheongnam-gun, and four lots (hereinafter “instant application site”) from the Defendant on March 22, 2013.

The Plaintiff closed two dong (89.46 m2, 702.18 m2) and milk stuff (205.8 m2) among three dongs of milch cattle breeding facilities already used, and instead, tried to newly build a milch cattle breeding facility (1,020 m20 m2 and a milk 85.76 m2.

The terms and conditions and guidance of the building permit of this case shall be set up by the plaintiff to prevent environmental damage caused by livestock death.

There was no content that the local residents should resolve the civil petition in connection with it.

On May 28, 2013, the Plaintiff reported the commencement of construction and continued the extension work.

B. After the Plaintiff’s commencement report, the Plaintiff filed a civil petition against the livestock shed operated by the Plaintiff at the time of the instant application (hereinafter “existing livestock shed”) and the Plaintiff was investigated by the Seosan Police Station due to environmental pollution caused by the operation of the existing livestock shed at the Seosan Police Station. On March 6, 2014, the Defendant issued an order to suspend construction (hereinafter “instant order”) to the Plaintiff for the following reasons, and did not specify the legal basis for the order to suspend construction.

1. A civil petition is filed with respect to matters regarding building permission on the parcel B and four lots outside Cheong-gun, Chungcheongnam-gun, and a civil petition is under investigation with respect to implementation of administrative review measures for other disqualified matters, such as building permission, investigation, false description of inspection investigation, etc., submitted by an architect after investigation and inspection, and overall violations, such as environmental-related laws and the Building Act, by an investigation agency.

2.The construction is currently suspended upon the filing of a civil petition.

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