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(영문) 대전지방법원 2019.05.16 2018구합105483

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 January 29, 2018, the Plaintiff filed an application with the Defendant for a building permit stating that he/she would build an animal and plant-related facility of the building area of 7,309 square meters of the building area (hereinafter “instant money”) composed of six buildings on the ground of 14,414.8 square meters (hereinafter “the instant application site”) on the ground of 14,414 square meters (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On July 23, 2018, the Defendant rejected the instant application for the following reasons:

(hereinafter “instant disposition”). A.

The above applied area is larger in the grouping of farmland into the area where a project for improving agricultural production infrastructure, such as arable land rearrangement, is completed due to a enormous budget input, and the area falls under the excellent farmland which needs to be preserved for an environment for agricultural management in the vicinity of farmland, and thus is inappropriate under the provisions of Article 56(1), Article 58(1)4, and Article 58(3) of the National Land Planning and Utilization Act and Article 56(1) of the Enforcement Decree of the same Act (hereinafter referred to as “reasons for first disposition”).

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 place where the maximum domestic size arrives. The project district is the place where the natural monument and endangered species are situated within the country, and the area is adjacent to the flood C, which is the habitats of natural monument and endangered species, and is a malodor-emitting facility when constructing a stable, such as malodor damage, water pollution by livestock industry, environmental standards, excess water standards, agricultural water standards, and outflow of livestock excreta