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(영문) 대전지방법원 2019.10.10 2019구합100089
건축불허가처분취소
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. Article 19(1) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises by Plaintiffs in their personal relations provides that a person who intends to manage agriculture or distribute, process, or sell agricultural products in an entrepreneurial manner, or a person who intends to vicariously conduct agricultural works by farmers or conduct an agricultural tourism and resort business by proxy, may establish an “agricultural company” as prescribed by Presidential Decree.

A Co., Ltd. (hereinafter referred to as the “Plaintiff Co., Ltd.”) is a corporation established for the purpose of manufacturing and selling new and renewable energy businesses, such as crops growing and distribution business, solar energy generation business, such as solar energy, consulting on solar and new renewable energy, solar structures, and access boxes, etc.

(see evidence 25). (b)

On November 8, 2018, the Plaintiff Company filed an application for a building permit with respect to the Defendant pursuant to the Building Act, and Article 6 of the National Land Planning and Utilization Act, which stipulates that the specific use area is “agricultural and forest areas” as prescribed by the National Land Planning and Utilization Act, is an area necessary for promoting the agricultural and forest industry and preserving forests, such as an agricultural promotion area under the Farmland Act that does not belong to urban areas, or a preserved mountainous district under the Mountainous Districts Management

Article 28 of the Farmland Act (Designation of Agricultural Promotion Areas) (1) A Mayor/Do Governor shall designate an agricultural promotion area to efficiently utilize and preserve farmland.

(2) An agricultural promotion area under paragraph (1) may be designated by classifying the following specific-use zones:

1. Agricultural promotion zones: Any of the following areas for which agricultural promotion should be promoted, and which need to be used for agricultural purposes by combining farmland with the scale prescribed by the Minister of Agriculture, Food and Rural Affairs:

(a) farmland creation projects; or

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