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(영문) 광주지방법원 2018.09.13 2018구합10293
건축허가(복합민원) 신청 불허가 처분 취소
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 March 3, 2017, the Plaintiff filed an application with the Defendant for a construction permit (a complex application) to newly construct animal and plant-related facilities (main purpose: livestock shed - two livestock penss, one manager, one building, and one breeding horse: 29,344), the total building area and total floor area of which are 2,984 square meters on the ground of 30,006 square meters of B forest and field (hereinafter “shiphouse site”).

B. Accordingly, on December 8, 2017, the Defendant rejected the said application for the following reasons (hereinafter “instant disposition”) from the Plaintiff after consultation with the relevant departments and deliberation by the relevant City/Do Urban Planning Committee.

1. Concerning damage to the surrounding environment;

(a) The site for development activities is located in the upper region of Cdong, and Cdong constitutes a conservation use (agricultural and forest area-Preservation mountainous district) area that can strengthen and apply the standards for permission for development activities as “agricultural and forest area” in the special-purpose area of a water-quality and good mountain zone, adjacent to local highway D, the gradient of the site is higher, and the green belt of the relevant application site and its neighboring site is well formed.

B. Therefore, Article 58 (1) 4 of the National Land Planning and Utilization Act provides that "a harmony shall be made with the surrounding environment or landscape" and "a group habitat of Section 2, Section 3-2-1 (1) and Section 3-2-4 (3) of the Guidelines for Operation of Permission for Development Acts" shall not be cut if permission for development activities is granted.

2. concerns over environmental pollution and destruction of the ecosystem;

A. The site of the site is considered to fall under the village upstream and thus, water pollution, such as valleys, etc. caused by development activities, is likely to cause damage to the residential environment of residents due to malodor of livestock pens, etc., and it is judged that the location is inappropriate due to geographical vulnerability, such as that the site is likely to cause damage to the residential environment of residents due to malodor of livestock pens.

B. Therefore, Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act, Section 1, Section 1, Section 3-2-4 (2) of the Guidelines for Permission and Operation of Development Activities and Section 3, Section 1, Section 1-2, Section 3 of the Guidelines for Permission and Operation of Development Activities shall be

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