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(영문) 대전지방법원 2020.09.23 2019구합103385
사용허가불허처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On February 8, 2019, the Plaintiffs filed an application with the Defendant for the use of 12 square meters among the 33,938.5 square meters of the Gyeongsung-gun Jri (hereinafter “Gun and Myeon”) with the Defendant; 40 square meters of L, 14,057.62 square meters among the 18,166.2 square meters of L roads and M, 14 square meters, 47,442.3 square meters of 47,000,000, 34 square meters among the 24,550.1 square meters of O, and 36 square meters of P road 4,761.2 square meters; 17 square meters among L, 14,057.62 square meters; 19 square meters among L, 14,057.62 square meters; 162 square meters among L, 166.22 square meters; 16.29 and 167 square meters of the remainder of G2, etc.

B. On February 18, 2019, the Defendant rejected all of the Plaintiffs’ instant applications on the following grounds.

(hereinafter “Disposition in this case”) - The issue of pollution under the provisions of Article 6(5) of the Guidelines for Permission to Use Agricultural Infrastructure or Water (hereinafter “Guidelines”) - The occurrence of civil petitions pursuant to the provisions of Article 6(7) of the Guidelines - “Where the facility manager determines that the use of agricultural infrastructure outside the purpose of the applicant causes an obstacle to the good protection, the maintenance of functions, or the management of facilities, etc.” - The occurrence of civil petitions pursuant to the provisions of Article 6(7) of the Guidelines - Nos. 1 and 2 (including numbers), and the purport of the whole pleadings, where the facility manager considers it difficult to approve the use due to the significant concern about the infringement of another person’s rights or property rights

2. Determination on the legitimacy of the instant disposition

A. Article 2 of the Rearrangement of Agricultural and Fishing Villages Act, and the Framework Act on Agriculture and Rural Community and Food Industry.

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