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(영문) 대구지방법원 2020.07.09 2019구합24673
건축허가신청반려처분취소
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 18, 2018, the Plaintiff filed an application with the Defendant for a construction permit to newly build an animal and plant-related facility with a total floor area of 3,980 square meters and size of 6,101 square meters (hereinafter “the instant application site”) that raises pigs on two parcels, B, and 6,101 square meters (hereinafter “the instant livestock shed”).

(hereinafter “instant application”). The instant application included permission for development activities and permission for installation of livestock excreta discharge facilities as a matter of collective disposal.

B. On December 17, 2018, as a result of the review by the Cheongong Gun Planning Committee, the agenda relating to the construction of the instant stable was rejected. On December 26, 2018, the Defendant rendered a non-permission disposition on the instant application to the Plaintiff for the following reasons:

(hereinafter “instant disposition”). A.

Permission for development activities: Non-permission 1) National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(2) According to Article 56 of this Act and Article 57(1) of the Enforcement Decree of the Cheongong Gun Planning Committee’s review result, and Article 57(1) of the Enforcement Decree of the same Act, if non-permission is rejected, 2) a large-scale objection is made to the residents’ living environment infringement of surrounding residents, such as water quality and soil pollution due to sewage and malodor. According to Article 58(1) of the National Land Planning and Utilization Act, the construction of money in the area where the restriction on raising of livestock under the Ordinance on the Restriction on the Restriction on the Raising of Cheongong-gun-gun, a large-scale civil petition due to an enterprise-type application for permission is prohibited. According to Article 58(1) of the National Land Planning and Utilization Act, “development shall be in harmony with surrounding environment or landscape, such as the actual use condition or land utilization plan of surrounding areas, height of buildings, gradient of land, water level, water drainage of water, drainage of wetlands, and drainage of wetlandss.”

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