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(영문) 대구지방법원 2016.01.13 2015구합23351
건축불허가처분 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 disposition;

A. On July 28, 2015, the Plaintiff filed an application with the Defendant for permission for diversion of farmland, permission for development acts and permission for construction of Class I neighborhood living facilities (retail stores) and Class II neighborhood living facilities (office), the total floor area of which is 366.8m2 with respect to the instant application site (hereinafter “instant application site”).

As a result of the agreement on change of form and quality of land – the application of this case is no longer deemed to hinder agriculture of neighboring land when developed as a natural green area, and similar cases are repeated. As a result of consultation on diversion of farmland, the application of this case is likely to impair the agricultural management environment of neighboring farmland at the time of diversion of use, and damage the agricultural management environment of neighboring farmland and the maintenance of the living environment of farming and fishing villages.

On August 13, 2015, the Defendant rejected the instant application from the Plaintiff on the following grounds:

(hereinafter “Disposition of this case”). 【Disposition of this case’s Disposition of this case’s 【Disposition of this case’s Nos. 1 through 3, and Nos. 1 through 4 (including number, hereinafter the same shall apply)’s respective entries and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant application area is a place which has lost the functions of farmland and is habitually flooded, and there is no preservation value as the excellent farmland, and even if a building adjoining to the road between the north and west is newly constructed, it does not interfere with sunshine, etc. of neighboring farmland, and there is no possibility that sewage and wastewater will flow into neighboring farmland. Therefore, even if the instant application area is newly constructed a Class 1 and Class 2 neighborhood living facility, it is difficult to view that there is a concern that it would impede the agricultural environment of neighboring farmland, or that it would be prejudicial to the maintenance of the agricultural management of neighboring farmland and the agricultural living environment. 2) The vicinity of the instant application area is already a factory and a warehouse.

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