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(영문) 광주고등법원 2019.11.14 2019누10343
건축허가신청반려처분취소
Text

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. Details of the disposition;

A. On November 28, 2017, the Plaintiff filed an application with the Defendant for a construction permit with the following content.

Site location: A Do for main use: B (referring to 3,025 square meters in paddy field) and C (referring to 1,975 square meters in paddy field) ground (hereinafter referred to as “the instant house”): A detailed use/total floor area/story-related facilities of Dong and plant: 1) a week; 2,511 square meter/story 2) a week: A detailed use/total floor area/story 2 a week: a compost/306.9 square meter/story: A scale of an agricultural and forest area: 5,00 square meters (land register area: 5,000 square meters): A building area of 2,817.90 square meters/use rate: 56.35 percent in 56.35% in 5% in 56.35% in 56.35% in 1).

B. Accordingly, on April 2, 2018, the Defendant, after consultation with the relevant departments and deliberation by the Committee on Urban Planning in Naju City, notified the Plaintiff of the absence of construction permission (hereinafter “instant disposition”) on the following grounds.

B Japan filed an application for permission for development activities for the purpose of building a site for animal and plant-related facilities (saxis) with a thickness, if a stable is newly constructed as a stable is located in a large-scale arable area, damage such as sunshine, water flow, air circulation, etc. may be caused to surrounding farmland. Moreover, considering the current state, location, surrounding circumstances, etc., the applicant has a conservation value as farmland as a good farmland arranged by a large-scale arable land, and there is a risk of causing water pollution, soil contamination, environmental pollution, ecosystem destruction, etc. due to livestock wastewater, etc. to D having a conservation value as a natural resource located near the surrounding area due to development activities.

In addition, since there is no livestock shed in the vicinity, there is a concern that the erosion of farmland and the corrosion of the surrounding landscape are likely to occur, it is necessary to perform the functions of the farmland as excellent farmland and to protect the farming conditions of the surrounding farmland rather than being developed as a livestock shed, and it is determined that it is necessary to perform the functions of the farmland as excellent farmland and to protect the farming conditions of the surrounding farmland.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual number), Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion.

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