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(영문) 대구고등법원 2020.07.17 2019누4807
건축허가신청반려처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On September 21, 2018, the Plaintiff filed an application for a construction permit in the form of complex civil petition (hereinafter “instant application”) with the Defendant on September 21, 2018, in order to newly build three animal and plant-related facilities, the total floor area of which is 4,719.26 square meters, both B and two parcels (hereinafter “instant application site”).

B. On October 8, 2018, the Defendant demanded the Plaintiff to supplement the following civil petition documents by October 19, 2018.

Construction (Relation Related to Building Act) - The location and structural indication of the vehicle's moving-in and moving-in in accordance with the packaging plan - The need to submit a flat and cross-section map (if not, the “sponsing plan” shall be marked) in accordance with the packaging plan - The need to submit a water supply plan (or groundwater) - The need to submit a water supply plan (or a water supply plan) - The need to submit an electric layout map (a water lighting facility plan) and the system map.

C. On October 19, 2018, the Plaintiff applied for the extension of the supplement period to the Defendant on the ground that “the extension of the supplement period by December 31, 2018,” but again applied for the extension to the Defendant on October 25, 2018.

On October 30, 2018, the Defendant notified the Plaintiff of the extension of the period for supplementation by November 19, 2018 pursuant to Article 24 of the Enforcement Decree of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”), and required the Plaintiff to submit supplementary documents (all of the supplementary documents necessary for the application for construction permission, such as the current status of the adjoining site, the elevation of the site, the elevation of the site on the site, the height of the entry into the site, the possibility of entry into the site, and other design documents) by the said period.

E. On November 19, 2018, the Defendant did not submit supplementary documents until November 19, 2018 and did not grant permission for the instant application on November 21, 2018.

(hereinafter “instant disposition”). This case’s disposition

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