logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.09.15 2014구합22227
건축불허가 통보처분취소
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. On June 26, 2014, the Plaintiff filed an application for permission for development of the instant land and an application for permission for construction of complex civil petitions (hereinafter “instant application”) with the Defendant, including filing an application for permission for development of the instant land and a report on installation of livestock excreta discharge facilities, in order to newly build the same and plant-related facilities of the total floor area of 3,167.5 square meters on a parcel of land, other than 6,532 square meters (hereinafter “instant application site”).

[Permission for Development Acts] Grounds: In accordance with Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and Article 56 of the Enforcement Decree of the same Act as a result of deliberation by the Joint Military Planning Committee, it is not in conformity with the criteria for permission for development acts

1. Nonconformity with the criteria for permission for development activities (hereinafter referred to as "reasons for disposition 1"): Common areas (necessary for conservation): (1) Group habitats, such as birds, trees, and trees, but not falling under good farmland, etc. and thus the need for conservation is no longer prescribed; (3) In the event that an application for development activities is filed, it shall be the good farmland to an agricultural and forest area (agricultural promotion zone);

2. In short of infrastructure (hereinafter referred to as “grounds for disposition 2”) - Article 28(2) of the Enforcement Decree of the Building Act: Article 28(2) of the Enforcement Decree of the Building Act provides that a site on a building with a total floor area of at least 2,00 square meters shall adjoin a road of at least 4 meters wide to a road of at least 6 meters. The application for development activities is inconsistent with the criteria for the permission

3. Failure to be related to the surrounding area (hereinafter referred to as "reasons for disposition 3") - Development activities are likely to cause environmental pollution hazard, etc. to the relevant area and its surrounding area due to air pollution, water pollution, dust, noise, etc. - In the course of traffic following the mass cities and operation, the inconvenience of residents' living is anticipated to occur due to

B. On September 19, 2014, the Defendant, following deliberation by the Joint Military Planning Committee, notified the Plaintiff of the rejection of the instant application for the following reasons.

(c).

arrow