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1. The Defendant’s disposition of rejecting an application for building permit filed with the Plaintiff on January 19, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff operates a factory that produces synthetic resin on the ground of Yeongdeungpo-dong 6, Yeongdeungpo-gu, Seoul for the purpose of producing and selling synthetic resin products, and the high-pressure gas manufacturing and selling business, etc. (hereinafter “instant site”). The Plaintiff is a company that operates a LPG charging station in Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul (hereinafter “instant site”).
The site of this case shall be located in an urban area, quasi-industrial area, and educational environment protection zone.
B. On August 22, 2017, the Plaintiff removed an existing building and a passive tea with a total floor area of 354.28 square meters on the ground in the instant site from the Defendant, and filed an application for permission to construct a new building with a total floor area of 61.32 square meters on the ground of the use of the automobile-related facilities (Seoul Deputy Director) and the second class neighborhood living facilities (hereinafter “instant application for permission”).
C. On September 7, 2017, the Defendant notified the Plaintiff that he/she would hear the opinions of neighboring local residents by implementing “the prior informed consent system of building permit”. On November 6, 2017 and the 28th day of the same month, the Defendant sent a supplementary notice to the Plaintiff that “the detailed methods for solving continuous civil petitions of residents adjacent to the site for the increase of vehicle traffic accidents, noise removal and extension due to the extension by the extension by the third head of the third head office abutting on the road 15 meters in front shall be established due to the extension by the third head of the third head office, who is adjacent to the site for the increase of vehicle (on the port home-topytel and door future rental apartment).” On December 11, 2017 and January 5, 2018, the Defendant sent a supplementary notice to the effect that “The continuous civil petition is filed against the residents of the neighboring apartment house due to the danger of traffic accidents and gas shock caused by the extension from the extension by the third head of the Sejong.”
In this regard, the plaintiff is scheduled to reduce the scale of the production facilities due to the removal of the existing building used as a warehouse on September 19, 2017 to the defendant.