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(영문) 창원지방법원 2012.07.05 2011구합1496
건축불허가처분취소
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 March 3, 2011, the Plaintiff: (a) formed a 29,322 square meters of a farmland site on the ground of 66-1,322 square meters of a Madle, Sin-Gun, Sin-gun, Sin-do, Sin-do, Sin-do; (b) on March 3, 201, the Plaintiff filed an application for a building permit to newly build a 10,843 square meters of a farmland (A Dong 5,961.6 square meters B, Dong 4,888.6 square meters); and (c) 4,860 square meters of a compost (hereinafter referred to as “instant application”; (b) filed the said application for the said building permit; and (c) filed the said application for the said farmland construction project and the said application for the said building permit with the “instant application site”;

B. On March 30, 2011, the Defendant issued a non-permission disposition with respect to the instant application (hereinafter “instant disposition”). The grounds for non-permission stated in the written disposition are as follows.

Our Gun shall actively promote tourism business, such as attracting tourists and hostings, with excellent natural landscape, such as the security lecture and Dogsan, as resources, and shall have rural income as its main source of income by branding the image of the Clean Industrial Complex.

B. Under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act, the pertinent land is connected to the 60-line of the State-funded local highway (hereinafter “the instant road”), which is an access road to the Gyeonggi-do and the new light surface, and where a stable is constructed at the entrance of the iron ecological park, one of which is one of the nine streets in the east-si, and which is a large number of outpatients visiting areas, it may not bring about harmony with the surrounding landscape, and may seriously damage the image of the clean acid by inducing malodor, noise, etc. In addition, if a stable is constructed, it is anticipated that a building is likely to bring about 40 tons of foul waste at a large-scale stable for raising swine 7,90 heads of swine, and is geographically located at the new high-level local village (60 households and 120 residents) with the location of the water intake area at the time of the inflow of the water-flow village.

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