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(영문) 전주지방법원 2018.09.19 2017구합2865
건축허가 복합민원 신청건 반려 통지 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff has four animal and plant-related facilities (prestigious history, worship history, AI room, delivery history, delivery history, charity company, candidate death, manager, manager, building area of 4,400.96 square meters) in the Jeonbuk-gun B (hereinafter “instant land”) in total.

B. On May 19, 2017, the Plaintiff filed an application for a building permit with the purport of extending five (3,740.1 square meters in size; hereinafter “instant building”) to the instant land.

Accordingly, on May 22, 2017, the Defendant: (a) constructed money on the instant land, other than the existing site, constitutes an application for a new construction permit rather than an extension; and (b) requested supplementation (hereinafter “the first request for supplementation”); and (c) subsequently, the Plaintiff supplemented the design drawings, such as the ground plan.

C. On June 19, 2017, the Defendant issued a request for the supplementation of the following details to the Plaintiff (hereinafter “the second supplementation request”). A network with consent (at least 70 percent consent) obtained from a household on the relevant village’s resident registration should be attached to a written consent (hereinafter “the instant Ordinance”) on the ground that the planned installation area for livestock excreta discharge facilities located in the restricted area for livestock raising pursuant to Article 3(4) of the Ordinance on the Management and Use of Livestock Excreta within the restricted area for livestock raising pursuant to Article 11(3) of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) may restrict the extension of livestock excreta discharge facilities exceeding discharging facilities subject to reporting pursuant to Article 11(3) of the Livestock Excreta Management and Use Act (hereinafter “the Livestock Excreta Act”). However, if the consent (at least 70 percent consent) is obtained only once on the relevant village’s resident registration.

D. On September 15, 2017, the Plaintiff failed to comply with the second demand for supplementation. Around September 15, 2017, the Plaintiff changed the purpose of use of the instant building’s floor from a stable to a stable, thereby submitting an application for building permit and accompanying documents.

hereinafter “instant application”.

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