1. The Defendant’s disposition of non-permission on March 9, 2017 against the Plaintiff (new construction) is revoked.

2. The costs of lawsuit shall be.

Details of the disposition

On February 3, 2017, the Plaintiff filed a building report (hereinafter “instant application”) with the Defendant on February 3, 2017, in order to construct 20 Dong-related facilities of 3,307 square meters in total floor area (hereinafter “the instant site”) on the ground of the 2,325 square meters in Sinjin-si B and C 3,957 square meters in size (hereinafter “the instant site”). A.

The application area is likely to cause damage to the erosion of farmland and the cultivation activities of surrounding farmland when a stable is constructed as an area requiring the conservation of farmland within the center of farmland located in a large-scale arable area for agricultural production within an agricultural promotion area.

The application is partially incorporated into the river area B, and C is an area where flood damage is expected to occur due to water drain and flood of a river due to the centralized rain, as the river bank has not been maintained in the adjoining area D, which is a local river.

신청지는 간척사업으로 조성되어 장기간 수도작 농업을 영위한 답(畓)으로 국토의 계획 및 이용에 관한 법률 시행령 제56조 제1항, [별표1의2](개발행위허가기준) 1-가-(1)의 규정에 의거 우량농지 보전의 필요성이 있으며, 동 기준 1-라-(2)의 규정에 의거 주변 환경오염(수질, 토양, 소음)이 예상되므로 대규모 축사(견사)의 입지에 적합하지 않음. 피고는 2017. 3. 9. 원고에 대하여 건축신고(신축) 불허가처분을 하였는데(이하 ‘이 사건 처분’이라 한다), 이 사건 처분사유는 아래와 같다.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3, and the overall purport of the present disposition as to the legitimacy of the disposition of this case in the application of this case by the plaintiff as to whether the disposition of this case is legitimate, does not constitute an act of farmland conversion under the Farmland Act, but rather the act of land use permitted in the agricultural promotion zone.