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(영문) 대구고등법원 2020.05.08 2019누3231
건축신고사항변경신고의 불수리처분취소
Text

1. On August 10, 2018, the Defendant’s disposition of non-acceptance of a report on construction reported by the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. From July 24, 2008, the Plaintiff’s spouse built a stable with a total floor area of 384 square meters on the ground of Dong, E, and F (hereinafter “instant reported site”) and raised a lawsuit from July 24, 2008.

B. On September 27, 2017, B filed a building report with the head of the Gun/Gu to extend a stable with a total floor area of 400 square meters on the side of the said stable (hereinafter “instant stable”). On October 12, 2017, the Defendant notified B of the receipt of the building report.

B, on October 17, 2017, upon receipt of a report completion certificate on the commencement of the construction of the instant livestock shed, started the construction of the instant livestock shed.

On November 22, 2017, the Plaintiff changed the owner from B to the Plaintiff on November 22, 2017. On November 24, 2017, the owner of the instant stable changed from B to the Plaintiff on November 24, 2017.

C. On January 5, 2018, the Plaintiff filed a report on the modification of the construction report with the head of the Gun/Gu to change the purpose of the instant stable from the I stable to the warehouse. On January 11, 2018, the Defendant notified the Plaintiff of the acceptance of the said construction report.

On August 1, 2018, the Plaintiff reported on August 1, 2018, to change the use of 250 square meters of the total floor area of the instant livestock shed from the warehouse to the livestock shed.

(hereinafter referred to as the “instant report”). (e)

On August 10, 2018, the Defendant did not accept the instant report against the Plaintiff on the following purport: “G is constantly generating malodor due to existing livestock pens; “G is likely to cause damage to the living environment caused by malodor of neighboring residents when extended to F (existing Facilities D and E) with a high area; and as the damage, etc. to crops of surrounding farmland is determined to be serious; thus, it is inappropriate for the Defendant to take a disposition (non-acceptance) for reasons of public interest through the environmental rights of residents and the protection of living zones.”

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