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(영문) 대전지방법원 2014.10.15 2013구합3391

건축허가처분취소

Text

1. The Defendant’s provisional disposition of denial of construction made on July 16, 2013 is revoked.

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

Reasons

Details of the disposition

A. On July 1, 2013, the Plaintiff (hereinafter “instant application”) filed an application for permission for construction, including an application for permission for development activities, with a view to newly building facilities related to Dong and plant of a total floor area of 2,94.75 square meters on the ground of 4,995 square meters (hereinafter “instant application site”) on the land located in Asan-si, Asan-si (hereinafter “the instant application site”) located in the Agricultural Promotion Zone.

B. B, a project application site, is the excellent farmland where a arable land rearrangement project has been completed, and is land within an area where conservation is necessary rather than development, and, at the time of permission for new construction of animal and plant-related facilities (e.g., animal and plant-related facilities (f., animal and plant-related facilities), harmony with surrounding environment or landscape, such as continuous diving and utilization status of surrounding excellent farmland, and environmental pollution is likely to occur. Thus, Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act (Standards for Permission for Development Acts) are violated. The Defendant returned the instant application for the following reasons.

(hereinafter “instant disposition”). C.

In response, the plaintiff filed an application for adjudication with the Chungcheongnam-do Administrative Appeals Commission, but was dismissed on November 19, 2013.

【In fact without any dispute, Gap evidence Nos. 1, 2 and Eul evidence Nos. 2 and 3 (including each number), and the purport of the whole oral argument as to the lawfulness of the disposition of the instant case, the Farmland Act amended on Jan. 3, 2007, first of all, provides "the site for livestock pens" as farmland. Thus, even if a stable is newly constructed on good farmland, the relevant site is still preserved as good farmland. Thus, there is no room to apply the provision of subparagraph 1 (a) (i) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, which prohibits permission for development activities on good farmland (hereinafter “National Land Planning Act”).

Therefore, the reason for the first disposal of the good farmland is the disposal.