건축불허가처분취소
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 April 25, 2016, the Plaintiff filed an application for a building permit including an application for development activities on the instant land and a permit for installation of livestock excreta discharge facilities and a report on the construction of fish pens, which are facilities related to the same and plant of a size of 6,260 square meters on the ground of 25,715 square meters (hereinafter “the instant application site”) on the ground of 25,715 square meters (hereinafter “the instant application site”).
(hereinafter “instant application”). (b)
On July 8, 2016, the Defendant’s subcommittee on the development permission for the instant application was rejected on July 8, 2016. On July 27, 2016, the Defendant rendered a disposition denying the instant application (hereinafter “instant disposition”).
Article 58 (1) 4 of the National Land Planning and Utilization Act and Article 56 (1) 5 and 56-2 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) provides that “The location of an application for a building permit is inconsistent with the standards for the permission of development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) (hereinafter “instant ground for Disposition 1”), and includes part of the areas of not less than 20∑s and steep slopes and steep slopess and areas of not less than 1 and 2, and there is concern that excessive forest damage to the areas of not less than Grade 7 in green natural environment.” Moreover, the area falls under the area of Grade 2 in the ecological-level area classified by the Ministry of Environment, which should minimize damage due to the conservation, development, and utilization of natural environment, and the environmental hazard factors in neighboring areas due to the occurrence of malodor, Paris, and Modles, the size of access roads to a road is less than 30,000 square meters.”