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(영문) 울산지방법원 2016.05.12 2015구합1629
건축신고수리불가처분취소
Text

1. On August 31, 2015, the Defendant’s disposition not to accept a building report issued to the Plaintiff is revoked.

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

Reasons

1. Details of the disposition;

A. On July 24, 2015, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly build animal and plant-related facilities of the size of one story, building area of 1,176 square meters, total floor area of 1,176 square meters on the ground of the total site area of 2,047 square meters (hereinafter “instant application site”) among the 2,042 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do, and 2,472 square meters (hereinafter “instant application site”).

B. On August 31, 2015, the Defendant rendered a provisional disposition to accept the instant application for the following reasons:

(hereinafter “Disposition in this case”). The grounds for the Disposition: The application in this case is located near the school environmental sanitation and cleanup zone to the extent that the application in this case is located near the school environmental sanitation and cleanup zone, and it is anticipated that malodor noise and harmful insects are likely to spread, and harm the living environment and health and sanitation of residents are expected.

After the amendment on June 18, 2015 of the Ulsan Metropolitan City Ordinance on Restriction on Livestock Raising to minimize the damage to residents due to livestock raising, a topographical map is being prepared to restrict livestock raising. However, the area is located at E elementary schools (F branch schools) and the area is likely to cause damage to students, residents' living environment, and health and sanitation, taking into account the public interest in light of the public interest of livestock excreta discharge facilities and disposal facilities, as it is anticipated that malodor noise will be increased within 250 meters from the boundary of the school environmental sanitation and cleanup zone.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant Ordinance on the Restriction on Livestock Raising by Ulsan-gun, Ulsan-gu, Ulsan-gu, the Defendant’s ground for the instant disposition (hereinafter “instant Ordinance”).

Since the instant disposition was not implemented at the time of the instant disposition, the Defendant’s instant case is based on this.

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