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(영문) 대전고등법원 2015.10.15 2015누10207
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

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 filing date of this case is against public interest in agricultural management due to damage to agricultural management, such as pollution of agricultural water due to discharge of waste water, damage of sunshine, ventilation and ventilation, difficulty in preventing aviation due to the installation of electric poles, and inconvenience in agricultural work due to heavy traffic, etc., 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 and to rationalize agricultural management by raising agricultural productivity pursuant to Article 1 and subparagraph 5 of Article 2 of the Rearrangement of Agricultural and Fishing Villages 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, the filing of the instant application is also a plan to newly construct money without saving, raising, and packing the existing farmland in a complex to cause damage to the farming cultivation that flows into the neighboring farmland and drainage, due to the high concentration of farmland and land due to the lack of the high difference between neighboring farmland and land. [Grounds for recognition] Facts that there is no dispute, Gap evidence 1 and 2 (including each number, hereinafter the same shall apply) are written, and arguments are made.

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