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(영문) 광주지방법원 2018.11.15 2017구합13561
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 March 3, 2017, the Plaintiff filed an application for a construction permit (a complex civil petition) with the Defendant to newly build three Dong-related facilities with the total floor area and total floor area of 6,921 square meters on the ground of B forest land No. 15,693 square meters (hereinafter “instant application site”) in netcheon-si (hereinafter “instant application site”).

B. Accordingly, on December 8, 2017, the Defendant rejected the said application for the following reasons (hereinafter “instant disposition”) through consultation with the relevant departments and deliberation by the Seoul-do Urban Planning Committee on two occasions.

1. Creation of surrounding environments or landscapes, such as the actual status of neighboring land utilization;

A. The site of this case is located in C upper region of C, and C currently uses valley water as drinking water and is located near the site of this case, so it may cause serious harm to the health of residents who use drinking water if drinking water is contaminated due to development activities for the purpose of livestock shed, and may affect the residential environment due to the malodor of livestock shed.

B. Also, the site of the instant application falls under the conservation use area (agricultural and forest area-preserved area) area that can strengthen and apply the standards for permission for development activities by falling under the “agricultural and forest area” in the specific use area.

C. Therefore, considering the relationship between the residential environment and the actual use of drinking water in neighboring villages, Article 58(1)4 of the National Land Planning and Utilization Act does not conflict with the surrounding environment or landscape.

2. A concern over damage to neighboring village areas, such as environmental pollution, due to development activities;

A. The development activities may cause a concern over water pollution, such as valleys and groundwater, which are village water supply due to the development activities, and may cause damage to the residential environment due to malodor of livestock pens, which is greater than the necessity of the project operator, as they fall under the upper region of the village.

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