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(영문) 광주고등법원 2019.11.14 2019누10480
건축(개발행위 허가 포함) 불허가 처분 취소
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 January 30, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities and a permit to construct an animal and plant-related facility (hereinafter “the instant livestock shed”) with the total floor area of 2,950 square meters on the ground of four lots, such as B, etc. (hereinafter “instant livestock site”).

B. On March 27, 2018, the Defendant notified the Plaintiff of the non-permission of construction (including development activities) for the following reasons (hereinafter “instant disposition”).

Under Article 58 (3) of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), an application for permission for development activities not to permit a new construction of a stable shall be limited as a new building is destroyed by damaging the surrounding natural scenery and aesthetic view of a building constructed at the time of a new construction in accordance with the relationship with a neighboring area under Article 58 of the National Land Planning and Utilization Act and attached Table 1-2 of the Enforcement Decree of the same Act. In addition, as the relevant area is an agricultural and forest area, where the standards for permission for development activities may be strengthened and applied through deliberation by the urban planning committee under Article 59 of the same Act, and its location feasibility, feasibility, impact on the environment, landscape protection, creation, and damage should be considered, and there should be no environmental pollution or hazard in the relevant area and its surrounding area so that damage can be caused to the said area, as the land for which the application for permission for development activities was filed can be presented [Article 56 of the National Land Planning and Utilization Act].

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