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(영문) 대구지방법원 2018.06.08 2017구합24426
건축신고거부처분취소
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 3, 2017, the Plaintiff filed a construction report with the Defendant, including an application for permission for development activities and a report on the installation of a livestock excreta discharging facility, on the method of complex civil petitions, to newly build a stable with a total floor area of 256m2 and a scale of one story on the ground (hereinafter “instant site”) of 659m2 (hereinafter “instant application site”).

B. On September 25, 2017, the Defendant issued a return disposition by the Defendant, following deliberation by the Committee for Coordination of Civil Petitions by the Elderly Armed Forces, and returned the building report to the Plaintiff on September 26, 2017 on the following grounds:

(hereinafter “instant disposition”)

B. Examination of the criteria for permission for development activities upon application for reasons for refusal - The application of this case pursuant to the criteria for permission for development activities under Article 56 [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) constitutes excellent farmland with excellent farming conditions where the arable arrangement is completed.

- The filing of the instant application is considered to be in need of conservation by being located at the center of the front D (B) in front of the village, and the surrounding areas are equipped with agricultural roads and farming roads, and land prices are arranged, and it may damage the natural landscape and aesthetic view surrounding areas by constructing livestock pens at the center.

- The results of the review on environmental matters are likely to cause environmental pollution or hazards.

In consideration of the impact on the environment, landscape protection, scenery, etc. on the development of the arable land located in the center of the farmland whose arable land is adjusted as an agricultural and forest area requiring conservation rather than being developed because it falls under the conservation purpose as an agricultural and forest area.

Results of the report on installation of livestock excreta discharge facilities - The area of the site for the planned installation site is 1,595 square meters (the field, agricultural and forest area), and the area of the application of this case is 659 square meters or 936 square meters in the future.

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