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(영문) 대구지방법원 2020.07.09 2019구합24697
건축허가신청반려처분취소
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 June 8, 2018, the Plaintiff filed an application with the Defendant for a building permit to build animal and plant-related facilities (such as 2,552m2 and 5,01m2) with a total floor area of 5,016m26m2 (hereinafter “the instant application site”), which are located on the ground of B, 2,301m2 and C, prior to C, 4,701m2 (hereinafter “instant application site”) owned by the Plaintiff, to raise pigs on the ground.

(hereinafter referred to as the “instant application”). Details of non-permission to reject the review result of the Committee: 1) A large-scale environmental pollution, such as water quality, soil contamination, malodor, etc. caused by sewage, which may cause damage to the living environment of surrounding residents; 2) Bongong-gun shall calculate the scale of development activities by determining the purpose of development activities, the scope of land that may actually engage in development activities, such as land use rights, projects, construction plans, etc., in relation to the calculation of the scale of three development activities for tourists, as major tourist destinations such

In addition, there is no practical benefit to physically separate parcels of land into three (FG), H, I, and J (K farm). Thus, it is determined that a project should be implemented through a small-scale environmental impact assessment procedure. - according to Article 58(1) of the National Land Planning and Utilization Act (Standards for Permission for Development Acts) of the National Land Planning Act, “development act shall be in harmony with the surrounding environment or landscape, such as the actual status of land use in the surrounding area or land utilization plan of buildings, gradient, trees, water drainage, water drainage, drainage of wetlands, and drainage of wetlands,” the content of the Gun Planning Committee’s deliberation and the criteria for permission for development of the National Land Planning and Utilization Act, a civil petitioner’s new animal and plant-related facilities (the damage is impossible to recover and the damage is attributable to the local residents) and the cause of the large-scale environmental pollution (the damage is attributable to the local residents).

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