beta
(영문) 대구지방법원 2017.12.13 2017구합2259

농지전용등불허가처분취소

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 May 11, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities to create a parking lot on the ground of the 6,230 square meters part of the instant land among the instant land (hereinafter “instant application site”), and filed an application with the Defendant for permission to divert farmland on the instant application site, which is farmland.

(hereinafter “instant application”). (b)

On May 23, 2017, an on-site investigation into the instant application site was conducted, but the opinion of the department in charge that permission for diversion of farmland is impossible as follows was submitted.

On-site Confirmation and Review Opinion

2. The farmland to be diverted shall be suitable for the exclusive purpose project;

(a) Scale and use of the facility - Appropriateness of the facility: Noncompliant parking lot facilities shall not be used properly;

3. That the size of farmland to be diverted shall be an appropriate area for the realization of a project for the exclusive purpose -

4. That the diversion of the farmland to be diverted requires not to be preserved continuously.

(a) Whether an agricultural infrastructure improvement project, such as arable land rearrangement and repair facilities, is implemented; and implementation of an agricultural infrastructure improvement project, such as arable land rearrangement;

(b) The degree of grouping of community farmland which includes the relevant farmland - grouping height;

(c) the diversion of the farmland concerned is likely to bring about farmland erosion, such as a chain diversion of nearby farmland, due to the diversion of the farmland concerned, such as a chain diversion.

(d) Diversion of undermining the agricultural management environment of nearby farmland due to the diversion of the said farmland - The fact that the diversion of the said farmland is likely to impair the agricultural management environment of nearby farmland (e.g., ventilation, sunshine, drainage

5. A plan for the prevention of damage shall be established in a reasonable manner.

(b) The diversion of the farmland in question is due to the outflow of soil and sand, the discharge of wastewater, the malodor, and the production of noise, the adequacy of damage prevention plans and damage prevention plans - the vacant of damage prevention plans; and

(c)the diversion of the farmland in question is for sunshine, ventilation, and ventilation of the farmland in the vicinity;