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(영문) 대구지방법원 2018.10.26 2018구합21905
주택건설사업계획승인불가처분취소
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. On December 27, 2016, the Plaintiff is a company established to run a housing construction project and a housing site preparation project, etc. in Daegu-gu 449, Daegu-ro.

B. On August 27, 2017, the Plaintiff filed an application with the Defendant for approval of the housing construction project plan in order to implement the housing construction project (a total floor area of 8,694 square meters, and a detached house 52 square meters (hereinafter “instant application site”) in the area of 25,025 square meters (hereinafter “instant application site”) including 110 Y-dong, Daegu-gu (hereinafter “Songdong-dong”).

① The filing of the instant application is deemed to have high preservation value as a place where farmland is concentrated.

(2) The filing of the instant application is likely to cause farmland erosion, such as a chain diversion of nearby farmland, by located at the center of the grouped farmland.

(3) Permission for the plaintiff's application may impair the agricultural management environment.

C. On November 28, 2017, the Defendant notified the Plaintiff that the said application was rejected pursuant to Articles 33(2) and 34(3) of the Enforcement Decree of the Farmland Act on the following grounds:

(hereinafter “instant disposition”) D.

On November 30, 2017, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Daegu Metropolitan City Administrative Appeals Commission, but the appeal was dismissed on January 29, 2018.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes a case where the Plaintiff’s instant disposition is erroneous as follows, or when it exceeds or abused the discretionary power, in violation of the principle of proportionality and equality.

1) The instant application has a gradient of 7 to 15%, and the land suitability grade (in most cases, an index indicating land productivity) falls under class 4, and it is difficult to view that the level of grouping of farmland prescribed by the farmland laws and subordinate statutes is high, and that farmland is grouped together with the neighboring farmland. 2) The instant application form is as follows.

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