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(영문) 대전지방법원 2017.07.06 2016구합104325
건축허가불허가처분취소
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 18, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with a view to constructing two facilities related to the same and plant of 4,032 square meters on the ground of 5,405 square meters (hereinafter “instant application site”) in the size of the building on the ground of 4,032.6 square meters (hereinafter “instant application site”).

B. On May 31, 2016, the Defendant rendered a non-permission disposition rejecting the instant application on the following grounds (hereinafter “instant disposition”).

【Grounds for Denial of Permission】

(a) A seed collection cluster that supplies high-quality rice seeds to the National Seed Center as good farmland requiring preservation is located in the vicinity of the site where a building permit application is filed is likely to be damaged to agricultural management and residential environment due to continuous diving of good farmland and water pollution, harmful insects, malodor, etc. of good farmland when constructing farmland into a Cproductive complex (hereinafter “reasons for Disposition 2”);

B. It is located within 1,000 meters from a residential densely-populated area of at least 5 units prescribed by the Ordinance on Areas subject to Restriction on Livestock Raising in the budget-gun, and thus, it goes against the distance of restriction on livestock breeding under the Act on the Management and Use of Livestock Excreta and the Ordinance on Areas subject to Restriction on Livestock Raising in the budget-gun (hereinafter “reasons for Disposition 1”). Finally, [Grounds for Recognition] without dispute, entry in Evidence A Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. Party’s assertion 1) Regarding the grounds for disposition No. 1, the filing of the instant application is located within 1,000 meters from budget-based D dormitories and Simsan-si E and F villages, which are residential congested areas as stipulated in the attached Table of Article 3 of the Ordinance on the Areas subject to Restriction on Livestock Raising (hereinafter “instant Ordinance”).

B. When the application of this case is permitted for the reasons for disposition No. 2, the application of this case is unlikely to be permitted because it is likely to infringe the agricultural environment or the residential environment due to the erosion of good farmland, malodor, and water pollution.

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