logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.06.20 2019구합101020
건축허가신청불허가처분취소
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 July 3, 2018, the Plaintiff filed an application for permission for development activities with the Defendant on the ground of 6,501 square meters in Chungcheongnam-gun (hereinafter “instant application site”) for a construction permit (hereinafter “instant application”) with the purport of newly constructing two livestock pens with a size of 3,750 square meters on the ground of 3,750 square meters in the building area (hereinafter “instant livestock shed”), and filed an application for permission for development activities as a package processing.

B. On August 13, 2018, the Defendant rejected the instant application for the following reasons.

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

A. The surrounding area of the site for a building permit application is the excellent farmland where agricultural production infrastructure, such as irrigation facilities, is maintained as a arable area. It is highly likely that the farmland grouped due to the construction of a studal stable may be continuously impaired and damage agricultural management and residential environment due to the malodor, dust, tidal insects, soil, water pollution, etc. of farmland due to the construction of a stable, and thus, it is inappropriate to 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, as the damage is anticipated to occur to agricultural management and residential environment due to the malodor, dust, damage, soil, and water pollution.

Although the height, form, and color of the building should be in harmony with the neighboring building without damaging the natural scenery and fine view around the building, the subject matter of this application does not comply with the provisions of 1-(d)-1 of the criteria for the permission of development activities.

In a group, there is concern that the spread of diseases, such as the outbreak of malicious contagious disease when a stable is newly constructed, the occurrence of environmental damage is caused by mass burial in farmland at the time of contagious disease or mass death, and the use of preventive disinfection against contagious diseases is judged inappropriate eco-friendly farmland and is likely to cause damage to eco-friendly agriculture managers.

According to the provisions of Article 1 of the Building Act, the Building Act sets the standards for the installation of a site structure and the purpose of use, etc. and sets the safety function environment of buildings.

arrow