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(영문) 대전지방법원 2020.09.23 2019구합103446
건축허가불허처분 취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On November 14, 2018, the Plaintiffs filed an application with the Defendant for each of the following construction permission (hereinafter “each of the instant applications”) with the content that each of the “building area” in each of the “building area” stated on the ground of the relevant site (hereinafter “each of the instant applications”) was to construct animal and plant-related facilities (hereinafter “each of the instant applications”).

Plaintiff 1, an agricultural company for the main purpose of 14,085㎡ 17,000 J. 14,085㎡ 17,094.6㎡ 14,000 J. 14,00,000,000 for the main purpose of 13,80.4 square meters for 16,736 square meters for 16,736 square meters for 14,80.4 7,000,000 for the head of 25,00,000 for the head of 25,00,000, 14,000,000 for 14,000,000 for 25,000,000,000 for 14,000,000,0000 for 16,000,000,000 for 7,000,000,000.

B. On February 20, 2019, the Defendant rejected each of the instant applications on the following grounds:

(hereinafter “each disposition of this case”). A

An area in which the raising of pigs is restricted in full areas where the raising of pigs is restricted under Article 3 (1) of the Ordinance on Areas where the raising of pigs is restricted (amended by Ordinance No. 2515, Sept. 17, 2018; hereinafter referred to as the "Ordinance of this case") concerning the Areas where the raising of pigs is restricted.

B. As the above site constitutes the excellent farmland requiring the preservation of the agricultural management environment of nearby farmland (e.g., e., e., g., arable company) as an area where a project for building and expanding agricultural infrastructure has been completed, such as arable land rearrangement due to enormous budget inputs, etc., and thus, the National Land Planning and Utilization Act (hereinafter “National Land Planning

Articles 56(1) and 58 of the Act.

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