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(영문) 대전지방법원 2019.09.11 2018구합103289
사용허가불허가처분 취소의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 2017, the Plaintiffs filed an application with the Defendant for approval of use for agricultural infrastructure for the purpose other than the purpose of agricultural infrastructure (hereinafter “instant application”) with respect to the land excavation for the use of 1,304 square meters out of 17 square meters out of 30,623.7 square meters in Chungcheongnam-gun, Hongsung-gun (hereinafter “Cri”) and 18,166.2 square meters in E, E, 166.2 square meters, among 14,057 square meters in F, to be newly constructed by the Plaintiffs, for the use of 19 square meters out of 30,623.7 square meters in D, and 18,166.2 square meters in E, E, 14 square meters in size, F, 14,057, and 2,362 square meters in size (hereinafter “instant site”).

B. On May 4, 2018, the Defendant rejected the Plaintiffs’ instant application for the following reasons.

(hereinafter referred to as “instant disposition”). - The issue of pollution under Article 6(5) of the Guidelines for Permission of Use (hereinafter referred to as “in the event that a facility manager deems that the use of agricultural infrastructure for the purpose other than the intended purpose causes an obstacle to the good protection, the maintenance of functions, or the management of facilities, etc. of agricultural infrastructure - The occurrence of civil petitions and the occurrence of disputes in accordance with the provisions of Article 6(7) of the Guidelines for Permission of Use (Article 6(7) of the Guidelines for Permission of Use (hereinafter referred to as “the case where the facility manager considers it difficult to approve of the use due to the substantial infringement of other person’s rights or property rights

2. Whether the instant disposition is lawful

A. The gist of the plaintiffs' assertion 1) The defendant did not specify any pollution problem, any civil petition, and dispute while rendering the instant disposition. Thus, the instant disposition is unlawful as violating Article 23 of the Administrative Procedures Act. 2) The facility manager under Article 6 (1) 5 of the Guidelines for Permission to Use Agricultural Infrastructure, which are the basis of the instant disposition (hereinafter "Guidelines").

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