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(영문) 대구지방법원 2018.01.31 2017구합23409
건축신고불수리처분취소
Text

1. The Defendant’s disposition of non-acceptance of a building report against the Plaintiff on August 22, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On August 7, 2017, the Plaintiff filed a construction report with the Defendant in the form of complex civil petitions, including the application for permission for installation of livestock excreta discharge facilities, in order to construct four animal and plant-related facilities (a livestock shed) with a total floor area of 1,320 square meters (specific construction details are as follows) above the ground area of 1,320 square meters (hereinafter “instant land”).

(hereinafter “instant building report”). Animal and plant-related facilities of July 9, 360 1, 360 17.9, 360 - Animal and plant-related facilities of a livestock shed No. 36017.9, 360 - Animal and plant-related facilities of a livestock shed No. 360 17.9, 360 - Livestock shed No. 4, 24017.9, 24017.9, livestock shed No. 4, 2401.9

B. On August 22, 2017, the Defendant rendered a disposition to reject the instant building report for the following reasons (hereinafter “instant disposition”).

[Notification of Non-acceptance of Construction Report] - The reason for non-acceptance of Construction Report - The construction and management of a stable in the area of the livestock shed group facilities in the D area has been gradually constructed and managed in the near area - The E village, which is a special crop, has been cultivated since 2003, has been known from the Ministry of Government Administration and Home Affairs to the F village as a special rural product in B's name, and has been designated from the Ministry of Government Administration and Home Affairs to the F village, which is a local specialty in B's name, the construction of a mountain shed in the area outside the livestock shed group facilities, may spread to the village, and the residents are strongly opposed to the village because there is concerns about environmental pollution in the clean area that has been cultivated and kept for over a long period of time, and there is no dispute about the efficient development of B in the future. The purport of each statement in subparagraphs 1 through 3, and the purport of all pleadings and arguments as a whole.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is based on guidelines for the area of livestock shed collective facilities.

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