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(영문) 대전지방법원 2018.11.21 2017구합105714
건축허가신청 불허가처분취소
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 May 31, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she would build the same plant-related facilities (hereinafter referred to as “first stable”) on the ground of B and two parcels (hereinafter referred to as “the first site”).

The lot number, land category, and building area B 1,91.5 square meters - 1,104 square meters - 2,104 square meters - 2,804 square meters : A manager of 381.69 square meters : 344.41 square meters C 4,021.8 square meters 4,021.8 square meters - 3,422.2 square meters in building area E- - 1,422 - 2,1,104 square meters in farmland: An excreta treatment facility of 2,104 square meters in 751.98 square meters (excluding the area of septic tanks): 96 square meters in a machinery room: 346.50 square meters in 1,043 square meters in G 2,88.3 square meters in 1,931,194 square meters in 2,196.1,51 square meters in 1,561 square meters in J.

B. On June 1, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she will build the same plant and plant-related facilities (hereinafter referred to as “second stable”) on the ground of the land outside E and four parcels (hereinafter referred to as “the instant application site”), including the first and second applications site, on the ground below:

C. On July 18, 2017, the Defendant rendered a disposition of denying all applications for construction of the 1 and 2 stables (hereinafter collectively referred to as “the instant stable”) pursuant to Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 [Attachment 1-2] of the Enforcement Decree of the same Act on the following grounds:

(hereinafter “instant disposition”)

2. The case of filing an application for a building permit for the land use of B, E, and other facilities related to animals and plants (the money shed, 9 Dong, 14,00) within four parcels of land, is the land where construction is not possible as follows in accordance with the Rearrangement of Agricultural and Fishing Villages Act. A comprehensive examination is conducted with a stable (the total floor area of 23 cases, 248 buildings, 19,485 square meters, 137,236 square meters) that has been filed simultaneously in the vicinity of K. The land plan and utilization is likely to cause environmental pollution, damage to the ecosystem, such as water pollution in the relevant area and its surrounding area.

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