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(영문) 대구지방법원 2017.08.11 2016구합23655
건축신고반려처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 13, 2016, the Plaintiff filed a building report (hereinafter “the first building report”) with respect to the construction of animal and plant-related facilities (such as livestock pens and livestock farms) of a size of 325 square meters on the ground area and total floor area on the ground at the time of residing in the Defendant (hereinafter “instant application site”).

B. On July 22, 2016, the Defendant requested consultation at the time of stay in the first building report, and requested the Plaintiff to file an application for permission for development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and submit supplementary documents regarding the location, etc. of current roads on the construction arrangement map.

C. On July 27, 2016, the Plaintiff filed a building report (hereinafter “instant building report”) with the content of constructing animal and plant-related facilities (hereinafter “the instant livestock shed”) by reducing the scale of livestock pens into the size of the building area and the total floor area of 210 square meters, and by changing the location of the building to prevent any overlap with the pool located in the instant application site.

In addition, on August 2, 2016, the Defendant requested the Plaintiff to submit supplementary documents, such as an application for permission for development activities, until August 22, 2016, since it is subject to permission for construction of buildings and installation of structures pursuant to Article 56(1)1 of the National Land Planning Act.

E. Nevertheless, the Plaintiff did not comply with the above request for supplementation, and on November 18, 2016, the Defendant rendered a disposition to return the instant building report to the Plaintiff for the following reasons (hereinafter “instant disposition”).

[Notification of Return of Construction Report] The instant building report is returned for the following reasons. (a) At present, livestock (livestock excreta generated by raising cages to public waters) was discharged into the construction site, and thus, was accused of the water pollution at our city due to water pollution.

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