건축허가신청불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 23, 2018, the Plaintiff filed an application for permission for development activities (see Article 7 subparagraph 3 of the National Land Planning Act); an area necessary to promote the agricultural and forest industry and to preserve forests (see Article 7 subparagraph 3 of the National Land Planning Act); an area where a farmland development project to promote agriculture in an agricultural promotion area under the Farmland Act or a preserved mountainous district under the Management of Mountainous Districts Act has already been implemented or is being implemented with an agricultural-based maintenance project; an area where land used or to be used for agriculture has been collectively utilized for agriculture; an area falling under any of the areas where farmland is collectively used for agriculture and any other area and needs to be used for agriculture (see Article 28 (2) 1 of the Farmland Act); and an area where farmland is collectively used for agriculture (see Article 28 (2) 1 of the same Act); and an area where farmland is collectively used for agriculture (see Article 28 (3) of the same Act); and an area where a building is newly used for agriculture with a scale prescribed by the Minister of Agriculture, Food and Rural Affairs, and Rural Affairs (see Article 25025 square meters).
(see evidence 1). (b)
On October 16, 2018, the Defendant rendered a non-permission disposition that rejected the Plaintiff’s application for construction permit on August 23, 2018 on the following grounds (hereinafter “instant disposition”).
(See Evidence A 1) The contents of the relevant Acts and subordinate statutes, Articles 56(1), 58(1)4, and 58(3) of the National Land Planning Act, and Article 56(1) [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning Act, the standards for permission of development / [Attachment Table 1-A-1], and Article 1-D-2(2) of the Enforcement Decree of the same Act are excellent farmland where agricultural production infrastructure, such as irrigation facilities, are maintained as arable land rearrangement areas