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(영문) 수원지방법원 2016.09.27 2015구합71922
건축허가신청반려처분취소
Text

1. On October 12, 2015, the Defendant’s disposition of rejecting an application for building permit filed against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 20, 2015, the Plaintiff filed an application with the Defendant for permission for construction of two Dongs related to animals and plants (hereinafter “instant company”) with a total floor area of 3,013 square meters on the ground of Pyeongtaek-si B Seo-si 5,103.9 square meters (hereinafter “instant company”).

On June 1, 2015, the contents of the request for supplementation as of June 1, 2015 shall be closed completely and shall not cause damage to the neighboring site.

2. The timing for the installation of agravating devices shall be infavour;

(Presentation of Documents on the Drawings and on June 19, 2015). On July 21, 2015, 2015, the two-way business plan and a facility operation plan are submitted on September 1, 2015, and the two-way business plan and the two-way business plan are submitted and the two-way business plan and the two-way business plan are submitted.

2. Equipment-related documents (product-related explanatory notes, performance, etc.) to be installed and scheduled to be installed in relation to the facilities indicated in the architectural drawing shall be delivered at the time of shipment;

On October 5, 2015, the plan for the prevention of dust and malodor is insufficient, and the timing of attaching the plan drawings to supplement the facilities.

B. The Defendant requested the Plaintiff to supplement documents related to the instant application as indicated below.

C. The Plaintiff submitted, according to the Defendant’s request, a plan for the establishment of a snife and the relevant documents related to ventilation facilities, etc., but did not submit a plan for the installation of a snife and malodor prevention facilities, etc., and the Defendant rejected the instant application on October 12, 2015 for the following reasons.

(hereinafter “instant disposition”). 【Disposition】

2. In the situation where the legislation of the Ordinance on Restriction on Livestock Raising is publicly announced as restricting the scam of the cattle shed in an area within 500 meters from the densely populated area in consideration of environmental damage in the residential area, it was required to supplement the plan to prevent environmental damage in accordance with the concerns (or opinions of residents) about the occurrence of environmental damage, since the new scambling area was located within 130 meters from the outer scam and 230 meters from the outer scam of the adjacent area.

3. Supplemental promotion and supplement submission period.

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