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(영문) 대전지방법원 2019.09.11 2018구합102767
건축허가신청불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On September 2017, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) with the purport that the Plaintiff would build four main buildings of the building area and the total floor area of 8,009.7 square meters on the ground of the instant application site (hereinafter “instant application site”) and two animal and plant-related facilities of the building affiliated thereto (hereinafter “the instant money death”).

B. On February 22, 2018, the Defendant rejected the instant application on the following grounds:

(hereinafter “instant disposition”). Grounds for non-permission

1. As the area for which the above application is filed is larger than the area for which a project for improving agricultural production infrastructure, such as arable land rearrangement, is completed due to a enormous budget input, and the area falls under the excellent farmland which needs to be preserved for the environment of agricultural management in neighboring farmland, the standards for permission for development activities under the provisions of Article 56 (1), Article 58 (1) 4, and Article 58 (3) of the National Land Planning and Utilization Act and Article 56 (1) of the Enforcement Decree of the same Act are inappropriate;

2. A building shall not damage the natural scenery and aesthetic view surrounding areas, and its height, shape, and color shall be in harmony with its neighboring buildings, but its application does not comply with the provisions of subparagraph 1-D (1) of the Criteria for Permission of Development Activities as it does not conform thereto;

3. According to the criteria for permission for development activities, there is no concern that environmental pollution, water pollution, soil pollution, pollution, noise, vibration, dust dust, etc. may not occur in the relevant area and its surrounding area, but the project district is the maximum of the domestic size of the project district, and the malodor-emitting facilities are adjacent to D, which is the habitats of natural monuments and endangered species, and when a stable is newly constructed, malodor-emitting facilities, such as malodor damage, water pollution by livestock industry, water pollution, environmental standards excess, agricultural water standards excess, agricultural water standards, and outflow of livestock and excreta in the event of concentrated rain.

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