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(영문) 대전지방법원 2019.01.24 2017구합107659
건축허가불허가처분무효확인등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 7, 2017, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to construct two facilities related to the same and plant of the size of 4,183 square meters on the ground of 5,243 square meters (hereinafter “the instant application site”) outside Asan-si and one parcel (hereinafter “instant application”).

A nearby the site where a building permit is applied, C has made a lot of contribution to the revitalization of the regional economy as one of the major tourist sites of our city where more than 150,000 visitors find that more than 3.95 million won of the 3.95 billion won of the State and local expenses, the development of environment in which private capital was made by input, and the development of roller model (the 6th industrialization of agriculture in which research, design, technical education, and production are combined) to overcome the cloud industry by investing the 3.3 agricultural innovation specialization project expenses in a gold year, which is designed to develop into a roller model (the 6th industrialization of agriculture in which research, design, technical education, and production are combined) to overcome the cloud industry. If the building permit of money is granted at a point of about 770 meters in straight line, it is inappropriate to build a new new game as a tourist destination due to the creation of an environment in which people can enjoy the image damage and their lives through direct experience of agriculture, and its impact on the local economy, such as reduction, etc.

On March 15, 2017, the Defendant rendered a disposition of non-permission for construction permit (new construction) against the Plaintiff on the following grounds:

(hereinafter “former Disposition”) C.

The Plaintiff filed an administrative suit against the Defendant, as the Daejeon District Court 2017Guhap103534, seeking revocation of the previous disposition of this case. D.

With the amendment of the Ordinance on the Management and Disposal of Livestock Excreta of ASEAN on May 25, 2017 (amended by Ordinance No. 1645, May 25, 2017; amended by Ordinance No. 1692, Sept. 25, 2017; hereinafter “instant Ordinance”), there is a zone where livestock raising is restricted.

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