개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who is engaged in fish farming from November 1, 2004 to Incheon Reinforcement-gun B.
In order to transfer an existing livestock shed on December 5, 2018, the Plaintiff purchased 4,846 square meters in Incheon-gun, Incheon-gun, Agricultural Promotion Zone under Article 28 of the Farmland Act (hereinafter “instant land”) and completed the registration of ownership transfer on December 13, 2018.
B. On July 2019, the Plaintiff filed an application for permission to engage in development activities for changing the form and quality of land under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with a view to newly constructing a 2-dong and accessory facilities related to animals and plants (a livestock shed) with the aim of raising pigs of a building area of 960 square meters and a 1st floor area on the instant land, and an foul waste storage of one story of a ground surface (a livestock shed, including two livestock penss and foul waste storage; hereinafter “instant livestock shed”).
(hereinafter “instant application”). A.
Article 58 of the National Land Planning Act and Article 56 of the Enforcement Decree of the same Act
B. The instant land without permission is located in the central part of the arable area where agricultural infrastructure is maintained in the agricultural promotion area of the agricultural area of the agricultural area, and needs to be preserved. It is caused by damage to the image of the clean area due to the construction of money in the clean area that is worthy of conservation for the public interest, rather than private interests, as the area where excellent agricultural products are cultivated and where excellent agricultural products are being cultivated as a clean area and is likely to cause serious risk of air pollution, water pollution, soil pollution, noise, noise, dust dust, etc., environmental damage, ecosystem destruction, and danger occurrence, etc. due to development activities.