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(영문) 대전고등법원 2017.11.16 2017누11488
건축허가신청반려처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 7, 2016, the Plaintiff filed an application with the Defendant for permission for construction (hereinafter “instant application”) with the purport that two animal and plant-related facilities of a size of 2,340 square meters in building area (hereinafter “the instant case”) on the site where the instant application is filed (hereinafter “instant application”).

B. On March 24, 2016, the Defendant rejected the instant application for the following reasons.

(hereinafter “instant disposition”). The filing of the instant application not only causes inconvenience to agricultural management due to the arable area in which facilities for modernization of agricultural facilities, such as farming roads and farming waterways, and the passage of feed vehicles and large vehicles, etc., but also is likely to cause damage to nearby farmland and inland waters, including the site of application, if livestock excreta generated from a valley is flooded due to the increase in the water level of Cdam water level, and thus, it is anticipated that the damage will occur due to the inflow of livestock excreta generated from a valley into nearby farmland and inland waters for the rationalization of agricultural management. Thus, the filing of the instant application is not in dispute (based on recognition), the entry of evidence Nos. 6

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there is no restriction on the relevant laws and regulations regarding the new construction of the instant fraternity at the place of the instant application, and there is a large number of buildings, such as stables, restaurants, etc. around the place of the instant application, and the passage of feed vehicles, large vehicles, etc. causes inconvenience in agricultural management.

There is little possibility that flooding may occur due to the rise of water level of Cdam water due to the occurrence of a heavy rain or a heavy rain.

Nevertheless, the disposal of this case shall be revoked in an unlawful manner on the grounds that the defendant's inconvenience in agricultural management and that livestock excreta generated from the fraternity of this case is likely to be damaged by inflows into neighboring farmland and inland waters.

(b)as shown in Appendix 1 of the relevant statute.

(c) The application of this case 1 is part of reclaimed land created by constructing Cump embankments.

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