건축불허가처분취소
1. The Defendant’s disposition of non-permission of construction permission rendered to the Plaintiff on July 2, 2013 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
A. On June 20, 2013, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant, including an application for a permit for development activities, to newly build the same plant-related facilities of 1,680 square meters in total floor area on the ground of 658 square meters in Chungcheongnam-gun, Chungcheongnam-gun, the Agricultural Promotion Zone B, and 2,793 square meters in the same Ri field (hereinafter “the instant application site”).
B.1. The filing site of this case is the land within the district of the arable Project, and there is a need for conservation as it falls under the excellent farmland;
2. Non-permission in violation of the standards for permission for development activities under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act, since permission for the new construction of animal-related facilities may be the starting of the excellent farmland diving;
B. On July 2, 2013, the Defendant returned the instant application for the following reasons.
(hereinafter “instant disposition”). C.
In response, the Plaintiff filed an objection to the instant disposition, but dismissed the application according to the result of deliberation by the civil petition committee, and thereafter filed an application for adjudication with the Chungcheongnam-do Administrative Appeals Commission, but was dismissed on November 19, 2013.
【In fact without any dispute, Gap 1, 2, and Eul 2 through 4 (including each number), and the purport of the whole pleading of the disposition of this case is legitimate, since the Farmland Act amended on January 3, 2007 as of January 3, 2007 by the plaintiff's non-existence of the grounds for disposition of the plaintiff as farmland stipulates "the site for livestock pens" as farmland. Thus, even if a stable is newly constructed on good farmland, the relevant site is still preserved as good farmland. Thus, there is no room to apply the provisions of subparagraph 1 (a) (i) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, which prohibits permission for development activities on good farmland (hereinafter "National Land Planning Act").
Therefore, livestock penss shall apply the above provision.