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(영문) 전주지방법원 2020.11.26 2019구합3244
개발행위불허가처분취소
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 September 10, 2019, the Plaintiff filed an application for a building permit including permission for development activities and permission for installation of livestock excreta discharge facilities in the form of complex civil petitions in order to newly build a facility related to single-story animal and plant with a total building area of 2,125 square meters (hereinafter “instant livestock shed”) on the ground area of 3,619 square meters (hereinafter “the instant application site”).

(hereinafter “instant application”). On the other hand, the instant application constitutes an agricultural and forest area under Article 36(1)3 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On November 14, 2019, the Gunsan City Urban Planning Committee rejected the instant application on the grounds that there is a concern for erosion of high-quality farmland, which has been arranged as a result of the grouping of livestock pens, there is a concern that environmental pollution and farming damage may be inflicted on malodor, wastewater, and other surrounding farmland due to the increase in the area of the fluorial layers.

C. On November 26, 2019, the Defendant notified the Plaintiff that the instant application was rejected for the same reason according to the result of deliberation by the Gun/Gu Urban Planning Committee.

(hereinafter "Disposition in this case"). / [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 7 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Attached Form of the relevant Acts and subordinate statutes;

3. Determination on the legitimacy of the instant disposition

A. The non-existence of the ground for disposition 1 as to the plaintiff's assertion is planned to newly construct a stable in accordance with the criteria for permission to install a livestock excreta discharge facility. There is no citizen located within 500 meters from the place of the application in this case, and there is no risk of environmental pollution such as surrounding damage caused by malodor.

In addition, since the building area of the livestock shed of this case is small-scale with 2,125 square meters, there is little possibility of inundation of surrounding farmland due to an increase in the area of the non-lucentable stories.

The production of domestic rice has already been produced.

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