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(영문) 대구지방법원 2015.04.22 2014구합22252
건축불허가처분취소 청구
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 May 26, 2014, the Plaintiff filed an application with the Defendant for a building permit for a Class II neighborhood living facility (manufacturing facility) with a building area of 456.5 square meters (hereinafter “instant land”) on the 1,480 square meters (hereinafter “instant land”) in Gyeongdong-gun, Chungcheongnam-do (hereinafter “instant land”) and on the 1,56.5 square meters in size (hereinafter “instant application”).

An application for non-permission (Evidence 3) is an area that requires planned and systematic management as "a planned and systematic control is required in view of an area expected to be integrated into an urban area or a planned control area intended for limited use and development taking into account the natural environment. In addition, where an application area, etc. is developed, roads entering the line 4 of the national highways are narrow, creating obstacles to nearby traffic, resulting in lack of infrastructure, such as water supply and drainage, and resulting in concerns over over over unrecepting development and environmental impact on the environment. An application for non-permission (Evidence 3) is anticipated to be an infringement of neighboring community residential environment due to the struptive development of surrounding farmland. (i) In short, the criteria for examination under Article 33(1) and (2) of the Enforcement Decree of the Farmland Act (in consideration of the improper construction of adjacent farmland, ② the need for conservation is required in consideration of surrounding conditions,

On July 10, 2014, the Defendant notified the Plaintiff that the instant application would be rejected due to the following reasons.

(hereinafter referred to as “instant disposition” and the following grounds for non-permission are referred to in the order of the reasons for non-permission. (c)

The plaintiff appealed against this and filed an administrative appeal, but the Gyeongbuk-do Administrative Appeals Commission dismissed the request on October 27, 2014.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 3, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The ground for the plaintiff's claim Nos. 1 to 3 does not include the grounds for the restriction stipulated in the relevant laws and regulations, but also the standards.

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