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(영문) 대구지방법원 2020.01.23 2019구합23205
건축허가신청불허가처분 취소청구의 소
Text

1. The Defendant’s disposition of non-permission on May 28, 2019 against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff operates animal and plant-related facilities of a total floor area of 1,694.75 square meters on the land outside Yongcheon-si, B, and two lots, and animal and plant-related facilities of a total floor area of 1,958.76 square meters on the ground outside C, and on three lots, respectively.

(hereinafter referred to as "the place of application in this case" in total, and each of the above animal and plant facilities shall be referred to as "existing livestock shed" in total.

On August 28, 2018, the Plaintiff filed an application for each construction permit with the Defendant to newly build animal and plant-related facilities of a total floor size of 2,123.8 square meters on the ground of the instant application site (hereinafter “the instant livestock shed”) of a total floor area of 1,580.025 square meters on the ground of the instant application site (hereinafter “the instant livestock shed”).

(hereinafter, each of the above applications is referred to as "the instant application" in entirety.

After deliberation by the Yeongdeungpo-gu Civil Petitions Conciliation Committee (hereinafter referred to as the “Committee”), the Defendant rendered a disposition to refuse the instant application to the Plaintiff on May 28, 2019 for the following reasons.

(hereinafter “instant disposition”). The result of deliberation by the Civil Petition Coordination Committee of Yongcheon-si: (a) the rejection, rejection, and non-permission ground 1) the neighboring residents suffered from malodor for more than 30 years due to the existing livestock shed facilities, and the neighboring residents actively oppose the newly constructed modernization of the livestock shed. (b) Although neighboring residents demanded to reduce the newly constructed scale to more than 50% than the existing livestock shed scale, the owner of the building would rather be deemed to have lacking significance to understand and expropriate the inconvenience of the residents due to the private interests of the owner of the building. (c) The filing of an application for the permission for the construction of the Geumcheon-si is lawful in accordance with the provisions of the Designation of Livestock-Raising Restriction Area and the Publication of Topographical Map (Public Notification D in Youngcheon-si). However, considering the fact that the existing livestock breeding restriction area and the access road is located in the village, residents are suffering from environmental issues.

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