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(영문) 대구지방법원 2020.08.13 2020구합21588
건축신고서반려처분취소
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 30, 2019, the Plaintiff filed a building report with the Defendant on the content that he/she constructed a building site area of 659 square meters for raising litigation in the 1,160 square meters, C, 3,411 square meters (hereinafter “instant application site”) and a building project for constructing facilities related to the same and plant of the size of 378 square meters of the total floor area (a stable) with the Defendant.

(hereinafter “instant report”). The instant report includes permission for development activities as a package of processing matters.

B. On February 25, 2020, the Defendant notified the Plaintiff that the instant report was rejected due to the following reasons:

(hereinafter referred to as “instant disposition”). Civil petition and authorization-related department - relation with neighboring areas under Article 56(4) of the Enforcement Decree of the National Land Planning and Utilization Act provides that “The development activities shall not cause any risk of causing environmental pollution, ecosystem damage, etc. due to air pollution, water pollution, soil pollution, etc. to the relevant areas and their surrounding areas.” - The area planned to be newly built as a stable is located in farmland, which is directly connected to a place that adversely affects the agricultural production environment due to environmental pollution, such as malodor and harmful insects, etc. due to environmental pollution, it is highly likely that farmland reduction caused by the chain damage of farmland, as well as the damage such as malodor, harmful insects, etc., will be further aggravated, and the agricultural management environment caused by environmental pollution will be significantly damaged, rather than for the economic purpose of the new construction of an individual. Therefore, it is denied since the living environment of neighboring residents should be guaranteed and the public interest to improve the quality of life should be given priority to improving the quality of life.

D Resident Welfare Department - In addition, when pursuing the legitimate exercise of property rights, such as the construction of stable facilities, and the economic utility of the land in relation to the above-mentioned cases, there is a risk of damaging the agricultural environment, such as the occurrence of various diseases, germs and malodors, and the area to be newly constructed.

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