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(영문) 광주지방법원 2020.06.11 2019구합12883
건축허가불허가취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 15, 2017, the Plaintiffs filed an application for permission for development activities (hereinafter “instant application”) with the Defendant to construct animal and plant facilities (hereinafter “the instant company”) with a total floor area of 4,420.8 square meters on the ground of the 3 lots (hereinafter “instant application site”) located outside the Yadong-gun, Bosung-gun, Seodong-gun, Seoul (hereinafter “National Land Planning and Utilization Act”) located within the specific use area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. The Defendant requested deliberation by the Bosung-gun Urban Planning Committee. On March 28, 2019, the Bosung-gun Urban Planning Committee rejected the motion of this case on the grounds that the Defendant rejected the motion of this case on April 23, 2019.

(hereinafter “Disposition in this case”). The fact that there is no dispute over the need for the conservation of the natural environment in neighboring coasts, etc. in which the protection of residents is inhabited from the protection of living, such as malodor, etc. that may arise in the vicinity of the application site in this case due to the location of a large-scale map of farmland, and the purport of the whole pleadings and arguments, as stated in Gap evidence No. 1 and Eul evidence No. 1

2. In full view of the fact that the Plaintiff’s assertion that there was little malodor on a sealed environmentally friendly smart window with malodor reduction facilities, and water pollutants, such as sewage and wastewater, do not occur, and that the instant application is far away from the neighboring village and at least 1km and does not cause damage to the residents, and that there is no damage to the neighboring coast where the protected species inhabit, as it is far as more than 2km away from the neighboring coast, the instant disposition is unlawful that the instant application is made by abusing the discretionary authority when comprehensively considering the fact that there are other maps that nearby village or green farming already operated by obtaining a building permit in the surrounding areas, in addition to the instant application site, the instant disposition is unlawful that deviates from and abused the discretionary authority.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. According to the Building Act 1, a building is to be built.

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