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(영문) 대전지방법원 2019.04.18 2018구합101863

건축허가신청불허가처분취소

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 July 18, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she will build animal and plant-related facilities of 10 square meters of the main building and the total floor area of 16,850.5 square meters of the area consisting of 10 square meters of the main building and 16,850 square meters of the attached building on the ground (hereinafter “instant application site”).

(hereinafter “instant application”). A.

The above applied area is larger than the grouping of farmland in the area where a project for developing and expanding agricultural infrastructure is completed, such as arable land rearrangement, by putting enormous budget into a reclamation project, and falls under the excellent farmland that needs to be preserved for the environment of agricultural management in its neighboring farmland, and thus, it is inappropriate to the standards for permission of development activities under Article 56(1), Article 58(1)4, and Article 58(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56(1) of the Enforcement Decree of the same Act (hereinafter “the ground for disposition 1”).

Although the height, form, and color of the building should be in harmony with the surrounding buildings without damaging the natural scenery and fine view surrounding the building, the subject matter of this application is not in conformity with the standards for permission for development activities that do not comply with the provisions of 1-D(1)(hereinafter referred to as the "grounds for Disposition 2").

According to the criteria for permission for development activities, there is no risk of environmental pollution, ecosystem destruction, and hazards caused by air pollution, water pollution, soil pollution, noise, vibration, dust dust, etc. in the relevant area and its surrounding area. However, the project district is the very long-term domestically in Korea, and the project district is adjacent to C, which is the habitats of natural monuments and endangered species, and the malodor damage, water pollution by livestock industry, water pollution, environmental standards excess, agricultural water standards excess, nonconformity with agricultural water standards, livestock excreta outflow, etc., and biodiversity management projects, C.