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(영문) 대구지방법원 2020.10.28 2019구합25195

건축허가에 대한 불허가 처분 취소

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 March 20, 2019, the Plaintiff filed an application with the Defendant for a construction permit in order to newly build three Dongs with the animal and plant-related facilities of a total of 1,647.5 square meters above the ground area on the ground of Yongcheon-si B (hereinafter “instant application site”) in Yongcheon-si (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On the instant application, the residents of Youngcheon-si C Village (hereinafter “C Village”) in the vicinity of the instant application filed a counterclaim to the effect that the instant livestock shed is likely to cause environmental destruction, such as malodor and water pollution, and traffic congestion on the farm roads due to large vehicles, if the instant livestock shed is constructed in the C Village designated as an eco-friendly ecological village.”

1) The grounds for rejection of the deliberation by the civil petition coordination committee and non-permission disposition 1) The surrounding area of the application site of this case is farmland cultivated by C residents, and thus, if the permission for construction of the livestock shed of this case is granted, it is judged that the construction of the livestock shed of this case is likely to impair the agricultural management environment of nearby farmland due to malodor, livestock wastewater, harmful insects, etc., and damage to excessive water and environment-friendly crops. 2) Although the construction of the livestock shed of this case is excluded from farmland use as farmland use, the construction of the livestock shed of this case is mostly used as farmland use in most of the agricultural promotion areas where Gyeong land rearrangement and repair facilities are completed, and there is a risk of erosion of neighboring farmland due to a studal stable permission at the time of permission for livestock shed, and the width of the farm road is somewhat narrow from 1 km to 2 to 3 meters, so safety and convenience in living and living of residents in large-scale livestock and farming cars will be considered to be a big problem for the protection of public interest and stability of local communities.

C. Accordingly, the Defendant on January 2019.