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(영문) 전주지방법원 2020.04.23 2019구합931
건축허가거부처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs filed an application for permission, including an application for permission for development activities, with the purport of newly constructing a stable (satis; hereinafter “each of the instant facilities”) meeting animal-related facilities under the Building Act, to the Defendant as follows:

(hereinafter “each of the instant applications”). Plaintiff A- The time of filing an application: October 2, 2018: - The building size: C, D, E, E, 7,270.1 square meters (hereinafter “the first application site”) - The building size: 4 Dong, 4,345.25 square meters: The building size: the building size: the Plaintiff B - the time of filing an application: September 3, 2018: F Return 3,876.8 square meters (hereinafter “the second application site”; and “each of the instant applications site” in relation to the first application site): the building size: 1 Dong, 2,306.85 square meters.

B. On March 4, 2019, the Defendant rejected all of the instant applications on the grounds that the Plaintiffs were common as follows:

(hereinafter “each disposition of this case”). A

The provisions of Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act shall apply.

(b) According to the attached Table 1-2 (Standards for Permission for Development Acts) of the Enforcement Decree of the National Land Planning Act, there shall be no risk of causing danger and injury to the ecosystem due to the pollution of air pollution, water pollution, soil pollution, pollution, noise, vibration, dust, etc.

(c) The opinion of the environmental department that malodor produced at livestock penss at the time of new construction of livestock pens is likely to cause a group civil petition because it infringes on the pleasant and safe living conditions for the poor in neighboring areas, and that the anticipated outflow water at the time of high concentration flows into the surrounding farmland and farm waterways, and thus is likely to cause land and water pollution;

(d) A stable and its affiliated facilities shall be limited to farmland use;

The opinion of the farmland management department that the excellent farmland with the improvement of agricultural production infrastructure is highly necessary to preserve the farmland to be produced at the level of food security.

E. Opinion of the department related to permission for development activities.

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