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(영문) 대전지방법원 2016.11.23 2016구합621
개발행위불허가결정취소
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 26, 2015, the Plaintiff filed an application with the Defendant for permission to engage in development activities to newly construct livestock excreta treatment facilities (hereinafter “livestock excreta treatment facilities of this case”) that produce organic fertilizers using livestock excreta on the ground of 1207-10 square meters in Maho-ri 1207-10, 1207-11 and 4125.6 square meters in each of the above lands (hereinafter “instant land”).

B. The Red-gun Urban Planning Committee dealt with the instant application as a result of deliberation from February 18, 2016 to February 24, 2016.

C. On March 4, 2016, the Defendant rendered a provisional disposition on the Plaintiff’s refusal of development activities (hereinafter “instant disposition”) for the following reasons (hereinafter “instant disposition”).

In accordance with Article 59 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), Article 57 of the Enforcement Decree of the same Act, rejection of deliberation by the Red Military Urban Planning Committee under the provisions of Article 58 of the National Land Planning and Utilization Act, and Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act [Attachment Table 1-2], nonpermission

1. The installation of large-scale artificial structures, such as a green area, mountainous area, and lake, and a 700-meter radius in straight line, in order to install livestock excreta treatment facilities, such as a 24-26m in diameter, and a 10-meter high, in order to install livestock excreta treatment facilities, cannot be in harmony with the current use of surrounding land and its surrounding natural landscape.

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