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(영문) 대전고등법원(청주) 2019.09.11 2019누1433

건축허가신청반려처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the judgment of the court of first instance. However, even if evidence submitted to the court of first instance shows evidence Nos. 11 through 19 (including the number of pages) submitted to this court, in light of relevant statutes and legal principles, the fact finding and the judgment of the court of first instance are just and there are no errors as alleged by the plaintiff as grounds for

Therefore, this court's judgment is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the

(1) The plaintiff's return of a building permit application to construct a house on the land of this case, which is farmland, goes against the legislative intent of the Farmland Act which is not deemed farmland diversion if it is used for the purpose of a stable, and the defendant's request to supplement safety measures related to drainage, etc. against the application for the building permit is unnecessary. The plaintiff's rejection of the application for building permit even though it is intended to transfer a house to the land of this case for the purpose of resolving civil complaints against the past operation of the plaintiff, is erroneous in failing to properly balancing the environmental interests of the neighboring residents of the past, and thus, the disposition of this case is unlawful. However, in the disposition of this case, where the defendant's request for supplementation of the plaintiff's building permit application is not supplemented even if it is not supplemented, it is difficult to affect the legality of the disposition of this case, and among the defendant's request for supplementation, the plaintiff's submission of measures to prevent environmental pollution and measures to resolve conflicts with neighboring villages, and the agreement with the surrounding village is made in accordance with attached Table 1-2.

1. D.

(2)In order to permit development activities on the condition of preventing environmental pollution, etc. under the proviso of paragraph (1).