logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.04.27 2016구합11938
건축허가(복합민원)불허처분취소청구의 소
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 August 3, 2016, the Plaintiff filed an application with the Defendant for a construction permit (a complex civil petition) to newly build animal and plant-related facilities (a livestock shed, three auxiliary buildings attached to the main building; hereinafter “instant livestock shed”) of a size of 4,207.8 square meters in total of the building area and the total floor area on the ground of 7,236 square meters owned by the Plaintiff, which is an agricultural and forest area, on the aggregate of 7,236 square meters.

B. Meanwhile, on September 2, 2016, the Plaintiff filed an application with the Korea Rural Community Corporation for approval of use for the purpose other than the purpose of using the current status (land entry route) for the purpose of using the said land as the entry into the said stable site for the purpose of using the said land, among the 37 square meters of the E-gun, Jincheon-gun, Jincheon-gun, an agricultural and forest area managed by the said Corporation, and the F road 2,285 square meters (hereinafter collectively referred to as “instant land”). However, on September 7, 2016, the Korea Rural Community Corporation filed an application with the Defendant for the non-approval of use for the purpose other than the purpose of using the said land pursuant to Article 6(1)7 of the Guidelines on the Use of Agricultural Infrastructure or Water for Other than the purpose of using the said farmland as the entry into the said stable site, and notified the Defendant of the non-approval of use on September 22, 2016.

C. Accordingly, on September 27, 2016, the Defendant rendered a non-permission to construct (a complex civil petition) (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

With respect to the case of an application for approval for use of agricultural infrastructure for the purpose other than the purpose of stable expansion due to the occurrence of disputes and the risk of civil petitions under Article 6 (1) 7 of the Guidelines for Agricultural Infrastructure Act, there is no dispute over the non-influence of entry due to the significant non-approval of approval for use for the purpose other than the original purpose (applicable ground for recognition), each entry of Gap evidence 1, Eul evidence 1, Eul 1, 3, 5, 6, 12, 15 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

arrow