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(영문) 광주지방법원 2020.08.20 2019구합14117

건축허가신청반려처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On October 15, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities and permission to engage in construction of complex civil petition-related facilities (including permission to engage in development activities and permission to divert farmland) on the ground of 15,396.8 square meters (hereinafter “instant application site”) of Jeonnam-gun, Jeonnam-gun, and five lots (hereinafter “instant application site”).

(hereinafter “instant application”). On April 25, 2019, the Defendant held the Mine Gun Planning Committee, and the said Committee rejected the instant application on the ground that “The instant application was rejected on the grounds that “the construction of a water supply system (such as securing groundwater, etc.), the establishment of a plan for the discharge of water supply facilities (such as securing groundwater, etc.), the safety review and action plan, the calculation of the number of raising livestock to which the “reasonable standards for raising livestock per unit area of livestock breeding facilities” were applied, and the project implementer’s management risk concerns over unjust permission.”

Accordingly, the plaintiff submitted a plan to take measures against the above reasons to the above committee.

On July 11, 2019, the Defendant rejected the instant application on the ground that permission for development was rejected for the following reasons as a result of review by the Mine and Gun Planning Committee.

(hereinafter “instant disposition”). The scale of livestock pens and D, surrounding environment, etc. are generally insufficient, and the scale of livestock pens is considerably significant as the result of re-determination of raising livestock farms increases more. The large-scale stable is located in the center of the site located in the arable area and the damage caused by farmland erosion along with the damage, such as malodor and aesthetic damage, etc. In addition, the flood prevention plan and the excellent and sewage treatment plan in the area where the ground is low are likely to cause damage to nearby farmers due to livestock pens. Accordingly, the appropriateness of the location, infrastructure plan, surrounding area environment and landscape protection, safety and disaster prevention plan, etc. pursuant to attached Table 1 of the Guidelines for the Operation of Local Urban Planning Committees.