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(영문) 창원지방법원 2019.02.13 2018구합51728
건축허가반려통보취소
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 13, 2017, the Plaintiff filed an application with the Defendant for permission for construction of animal and plant-related facilities of a total floor area of 1,887 square meters, a main building of two buildings, and a single attached building size of one unit (hereinafter “instant money”) with the aim of raising 1,200 pigs from 3,93 square meters (hereinafter “the instant application site”).

B. On March 26, 2018, the Defendant rejected the instant application from the Plaintiff on the following grounds:

(hereinafter “instant disposition”) 1. Failure to meet the criteria for permission for development activities (Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act, and attached Table 1-2 of the Enforcement Decree)

(a) The occurrence of damage to residents, such as pollution of air, water, dust, noise, etc., may occur in the relevant area and its surrounding area due to development activities;

Receipt of strong anti-refluences and collective written applications for carbon (C1, 2-Gu residents, 64 residents, 160 residents, 160 residents of D village, and 20 Macheon Branch of E) of neighboring residents who are likely to cause damage to residents' lives due to environmental pollution, such as bad odors, etc.

(c) A concern over the suspension of water intake due to water pollution in the event of discharging or discharging livestock excreta by mixing it with rainwater of drugs for disinfection of money at a distance of 180 meters from G and at a distance of 7 km from the water source protection area of H water intake site, even with the water source protection area of the H water intake site;

(d) An area expected to be designated as a first-class natural ecosystem rating under the Natural Environment Conservation Act shall be one with a high conservation value;

Many tourist destinations, such as I, J, and K, as representative tourist destinations of the Gohap-gun, are industrial accidents and at least one million people per year, and there is concern about reduction of tourists at the time of establishment of money in an area where additional development plans for tourist destinations are in the future.

(f) A future application for additional money filing due to this recommendation will continue to be expected, and an additional image of the tourist destination will be expected to be added to the future.

2. It falls under an area for the preservation of the living environment of local residents and the protection of water sources. The management and use of livestock excreta;

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