건축불허가처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Details of the disposition;
A. On June 20, 2013, the Plaintiff (hereinafter “instant application”) filed an application for building permission, including an application for building permission, with a view to newly constructing animal and plant-related facilities of a total floor area of 1,680 square meters of 1,680 square meters (hereinafter “the instant application site”) on the ground of 658 square meters in Chungcheongnam-gun budget B and C 2,793 square meters (hereinafter “instant application site”).
B. On July 2, 2013, the Defendant rejected the instant application for the following reasons.
(hereinafter referred to as the “instant disposition”). 1. The instant application is the land within the arable land rearrangement project district, and there is a need for conservation as it falls under the excellent farmland;
2. The permission of new construction of animal-related facilities can be the starting point of the good farmland sericultural, so it violates the criteria for permission of development activities under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act.
The Plaintiff filed an objection against the instant disposition, but the application was dismissed according to the result of deliberation by the civil petition committee, and thereafter, the Cheong-do Administrative Appeals Commission filed an application for adjudication with the Cheong-do Administrative Appeals Commission but was dismissed on November 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 through 4 (including each number in the case of additional evidence) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (1) Since the Farmland Act amended on January 3, 2007, as amended on January 3, 2007, stipulates “the site of a stable” as farmland, even if a stable is newly constructed on a good farmland, the relevant site is still continuously preserved as good farmland. Therefore, there is no room to apply the provision under subparagraph 1(a) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, which prohibits permission for development activities in good farmland (hereinafter “National Land Planning Act”).
Therefore, the construction of a stable is denied by applying the above provision.