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(영문) 대전지방법원 2019.01.17 2018구합102705
건축허가신청 등 불허가처분 취소
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 July 13, 2017, the Plaintiffs filed an application for complex civil petitions (hereinafter “instant application”) with respect to a construction permit application, application for permission for development activities, application for permission for conversion of mountainous district, application for permission for diversion of farmland, and application for permission to occupy and use a farmland, etc., to newly construct accommodation and access roads to the said site on accommodation and access roads (hereinafter “instant application site”).

B. On August 28, 2017, the Defendant rejected the instant application from the Plaintiffs on the following grounds:

(hereinafter referred to as “instant disposition”) - The grounds for refusal are against the results of deliberation by the Urban Planning Committee; - The development permission-related to the construction permission-Submission of documents related to the fire-fighting consent in accordance with Article 7 of the Fire-Fighting Systems Maintenance and Safety Control Act - Non-Submission of structural safety and earthquake-proof design confirmation under Article 32 of the Enforcement Decree of the Building Act and Article 58 of the Enforcement Rule of the Building Act - Failure to submit structural safety and earthquake-proof design confirmation under Article 6(1)2 of the Enforcement Decree of the Building Act - Failure to submit design documents suitable for the provisions of Article 6(2) of the Enforcement Decree of the Building Act - failure to submit design documents suitable for the provisions of Article 46 of the Enforcement Decree of the Building Act - failure to install information and communications construction business under the Information and Communications Construction Business Act.

C. On November 21, 2017, the Plaintiffs filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, which received a ruling of dismissal of request on January 17, 2018.

[Reasons for Recognition: Evidence Nos. 1, 2, 4, 5, 6, 7 (including paper numbers; hereinafter the same shall apply)

(i) the statement in subparagraph (i)

2. Summary of the plaintiffs' assertion

A. The instant disposition grounds do not have any legal basis, and the Defendant is also the Defendant.

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