logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.05.16 2018구합52110
건축불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On June 4, 2018, the Plaintiff filed an application with the Defendant for a building permit stating that he/she would construct the following animal and plant-related facilities (hereinafter “the instant livestock shed”) on the 3,979 square meters (hereinafter “instant land”).

(hereinafter “instant application”). C. B

B. On July 2, 2018, the Defendant rendered a disposition to deny the instant application to the Plaintiff on the following grounds:

(hereinafter “instant disposition”). In accordance with the provisions of Article 58 of the National Land Planning and Utilization Act and Article 20 of the Seoul Metropolitan City Urban Planning Ordinance, the area surrounding the application site is the excellent farmland adjusted in the vicinity of the project site, and D, E, and F are in contact with the area adjacent to the project site, and additional disposal is likely to cause the increase of malodor and environmental pollution in the neighboring area at the time of the site where liquid facilities are located in the vicinity of the area where the liquid facilities are located. The fact that there is no dispute over the location of the land [based on recognition] as a result of the deliberation of the Sayang City Urban Planning Committee, Gap 1, 2, Eul 1, 2, and

2. Whether the disposition of this case is legitimate;

A. In light of the following circumstances, the instant disposition alleged by the Plaintiff was unlawful since it abused discretion due to the violation of the principle of equality and the principle of proportionality.

1) The instant land is located in the agriculture promotion area, and it is possible to establish composts, which are livestock penss and their accessory facilities, pursuant to Article 29(1)4 of the Enforcement Decree of the Farmland Act. 2) In light of the fact that neighboring farmland including the instant land is an agriculture promotion area, but in fact, the fact that there is a dysculatory dysculing dynasium and the fact that there is a policy to provide government subsidies when cultivating dry field in the field from 2001 and the policy to provide government subsidies is being implemented.

In addition, the land of this case is located at the edge of the arable area.

3. In order to prevent malodor and environmental pollution caused by the operation of the livestock shed of this case, eco-friendly livestock pens and malodor prevention facilities shall be installed, and planting materials for the purpose of shielding them around the land in this case, and livestock feed shall be kept.

arrow