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(영문) 광주지방법원 2017.09.21 2017구합10876
건축불허처분취소
Text

1. The Defendant’s disposition of non-permission of construction against the Plaintiff on February 27, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. (1) B) The farming association corporation (hereinafter “the farming association of this case”)

2) The term “existing friendship” refers to the term “existing friendship” on two parcels, such as Jeonsung-gun, Jeonsung-gun, etc. (hereinafter referred to as “existing friendship”).

(A) The farming cooperative of this case is growing to Korea with possession (No. 1). On June 23, 2009, the farming cooperative of this case is referred to as the "logistics Center of this case" (hereinafter referred to as the "logistics Center of this case").

2) The Agreement with D Co., Ltd. operating the Company (hereinafter referred to as the “Agreement of this case”) provides the following terms:

(2) The instant farming association established the instant logistics center on August 3, 2016, with the permission of the instant farming association, and on August 3, 2016, it does not cause any trouble to the occupant enterprises of the instant logistics center. 2. The instant logistics center did not raise any objection to the infertility, etc. of livestock caused by automobiles, etc.; 3. Intensive rain, the instant logistics center installed protection facilities around the instant logistics center so as not to cause any damage to the existing livestock shed; and even if any damage occurs to the existing livestock shed, it shall not be claimed for compensation to D Co., Ltd. (hereinafter referred to as the “instant site”).

(hereinafter referred to as “instant application”) (Evidence A No. 3). B.

The instant disposition 1) On November 2, 2016, the written resolution of the subcommittee on the development of the Gun Planning Committee of the Sung-gun (hereinafter referred to as the “instant disposition”) as follows: (a) the defect in the review after supplementation of the o supplement - the performance of the existing stable undertaking with the logistics center and residents (e.g., implementation of existing conditions upon permission) 2) the Defendant issued a disposition rejecting the instant application on February 27, 2017 (hereinafter referred to as the “instant disposition”).

A.

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