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(영문) 대전고등법원 2018.05.30 2017누13279
건축(신축)허가신청반려처분
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On June 9, 2016, the Plaintiff filed an application with the Defendant for a construction permit with the content that the Plaintiff constructed a facility related to animals and plants of 4,141.8 square meters in total (hereinafter “in the instant application site”) and one animal and plant (hereinafter “in the instant house”) on the ground of 5,582 square meters in Chungcheongnam-gun budget-gun B (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On June 28, 2016, the Defendant demanded the Plaintiff to supplement the instant application for a restriction on livestock breeding in accordance with the former Ordinance on the Areas subject to the Restriction on Livestock Raising of the Gu budget-gun (amended by Ordinance No. 2356, Apr. 7, 2017; hereinafter the “instant Ordinance”) to the effect that the permission for the installation of livestock excreta discharge facilities is not possible in an area within 1,000 meters in which part of the restriction on livestock breeding pursuant to the instant Ordinance (hereinafter the “instant Ordinance”).

In addition, on August 9, 2016, the Defendant notified that the instant application is rejected in accordance with Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act on the ground that the Plaintiff did not comply with the above request for supplementation.

(hereinafter “instant disposition”). C.

On October 24, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Chungcheongnam-do Administrative Appeals Commission. However, the Chungcheongnam-do Administrative Appeals Commission dismissed the Plaintiff’s claim on October 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition should be revoked on the following grounds. (A) The instant disposition is based on the premise that the instant application site is located at least 5 units of residential densely located within 1,000 meters from the residential densely located area, and that the instant disposition constitutes part of the restricted area for raising livestock as prescribed by the instant Ordinance.

However, since the defendant did not legally announce the topographic map in accordance with the relevant statutes, the area where livestock raising is restricted under the Ordinance of this case.

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