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(영문) 인천지방법원 2018.07.06 2017구합53440
건축허가신청반려처분취소
Text

1. Of the plaintiffs' lawsuits, the part concerning the plaintiffs' non-permission of development activities and the request for revocation of provisional disposition on farmland conversion shall be dismissed.

Reasons

Details of the disposition

On May 8, 2017, the Plaintiffs (hereinafter “each of the instant reports”) filed a report with the Defendant, including an application for permission for development activities and an application for permission for conversion of farmland (hereinafter “each of the instant reports”) in order to newly construct an agricultural and fishery product processing facility of 1,198 square meters and of 198 square meters of the building area on the ground of 2,455 square meters (hereinafter “the instant reported site”).

The instant reported area is an agricultural and forest area within a specific use area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and is designated as an agriculture promotion area under the Farmland Act.

On June 9, 2017, the Defendant rejected each of the instant reports to the Plaintiffs on the ground that development activities and farmland conversion have not been approved as follows:

(hereinafter “each of the dispositions in this case”) 1) Development activities reported in this case requires access roads with a width of at least 4m wide of at least 1,000 square meters as an agricultural and forest area, but on the other hand, it is deemed that on-site conditions may interfere with the passage of surrounding traffic to the extent of 2.5m, and thus, it is inevitable to return documents (hereinafter “the reasons for Disposition 1”).

(2) Although the instant report on farmland diversion filed an application for farmland diversion to create a site for agricultural and fishery products processing facilities as farmland within the agricultural promotion zone, the instant report on farmland diversion is highly likely to bring about erosion to nearby farmland if the relevant farmland is converted to a good farmland with high agricultural productivity and preservation value, and thus, the grounds for the disposition of non-approval (hereinafter referred to as "reasons for recognition") pursuant to Article 37 of the Farmland Act and Article 33 of the Enforcement Decree of the same Act. [Attachment] of the facts without dispute, Gap, 1, 8, 9, 10, Eul, 5, 6, 7, and 5, 5, 6, 7, and 5 (including each number; hereinafter the same shall apply) of the entire pleadings, each entry of the entire purport of the pleadings, each entry of Gap, 8, 9, 10, and 5, 6, and 7, among the plaintiffs' claims for revocation of development activities

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