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(영문) 대전지방법원 2015.01.14 2014구합1859
건축허가신청반려처분취소
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 May 8, 2013, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly build Dong and plant-related facilities (hereinafter “the instant livestock shed”) with a total floor area of 9,067 square meters on the land outside B and four lots (hereinafter “instant application site”).

B. On February 28, 2014, the Defendant rejected the instant application for the following reasons.

(hereinafter “instant disposition”). A.

The above application is against public interest due to the occurrence of damage to agricultural management, such as pollution of agricultural water due to the discharge of waste water, damage from sunshine, ventilation, and ventilation, difficulty in preventing aviation due to the installation of electric poles, inconvenience in agricultural management due to inconvenience in farming works due to large vehicles, etc. when constructing livestock pens in a large-scale arable area, which is located in an agricultural infrastructure to modernize agricultural facilities, such as farming roads and waterways, in order to enhance agricultural productivity pursuant to Article 1 and subparagraph 5 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act by raising productivity of agriculture within a arable area pursuant to Article 1 and subparagraph 5 of Article 2 of the same Act;

(b)In the case of inland waters adjacent to C0,00 inland waters, even if the criteria for opinions on small-scale environmental impact assessment are applied when livestock excreta disposal is discharged to the protection of wildlife protection areas and the joint fishing license areas for inland fisheries under Article 6 of the Fisheries Act, the continuous discharge of water pollutants is anticipated to cause damage to living-based fishing residents due to changes in aquatic ecosystems due to deterioration of water quality in inland fishing grounds and decrease in fish

(c) In addition, as a plan to construct money without saving, raising, and packing in a complex, the filing of an application is likely to cause damage to the farming and farming of livestock excreta flowing into neighboring farmland and drainages at the time of high concentration due to the lack of high difference between neighboring farmland and land. [Grounds for recognition] There is no dispute, and the purport of the entire arguments and arguments by Gap and 2 (including various numbers), and the purport of the whole pleadings.

2. The case.

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