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(영문) 대전지방법원 2017.11.01 2017구합102333
건축허가신청불허가처분취소
Text

1. The Defendant’s revocation of each building permit (new construction) issued against the Plaintiff on March 16, 2017, March 17, 2017.

2...

Reasons

Details of the disposition

On February 28, 2017, the Plaintiff filed an application for a building permit (hereinafter referred to as the “instant application site”) with the Defendant on the land outside Jin-si, B, and 14,217.8 square meters of the total floor area of 7,137.6 square meters on the land outside Jin-si, the Plaintiff filed an application with the Defendant for a building permit in order to construct six Dong (2 complex) related facilities of Dong and plant of the size of 8,862.65 square meters of the total floor area on the land outside Jin-si, Seoul, and 2 lots of 15,698 square meters on the ground outside Jin-si, the Plaintiff filed an application with the Defendant for a building permit (hereinafter referred to as the “instant application site”) by referring to each application site, and referring to each animal and plant-related facility as the “instant stable,” and referring

On March 16, 2017, the Defendant rendered a non-permission disposition on the construction permit (new construction) regarding the above 2 complex against the Plaintiff. On March 17, 2017, the Defendant rendered a non-permission disposition on the construction permit (new construction) regarding the above 1 complex (hereinafter collectively referred to as “instant disposition”), and the instant disposition grounds are as follows.

An application for permission is a grouped farmland with a need to preserve agricultural production infrastructure facilities, such as arable land rearrangement, in the agricultural and forest area where the facilities for agricultural production infrastructure are installed, and there is not only damage to natural landscape and aesthetic view when constructing money, but also is not in harmony with surrounding areas, and is likely to sleep excellent farmland due to a chain-based diversion.

In addition, since D water system 2014, water quality has rapidly deteriorated, and since 2015, COD standard 10 pm is more than COD standard, it is anticipated that additional occupancy of livestock industry facilities will accelerate D water quality.

(c)In entering roads, an average of 3 meters (2.5 meters in partial sections) may impede the flow of surrounding traffic because the passage of large vehicles related to livestock pens by nearby residents and farmers is difficult due to their difficulties in driving agricultural machinery and vehicles;

As above, the application for animal-related facilities (stocks) is highly likely to damage the erosion of good farmland and surrounding landscape, and the living environment of residents may be infringed due to environmental pollution, malodor, etc. such as water pollution of D,00, and thus, the National Land Planning and Utilization Act.

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