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(영문) 대전지방법원 2019.09.05 2018구합107274
건축허가신청불허가처분취소청구
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 5, 2018, the Plaintiff filed an application for permission for development activities, including an application for permission for new construction of a stable, which is a friendly death, leading to a suit, which is an animal and plant-related facility, in Chungcheongnam-nam Budget-gun (hereinafter referred to as “Bri”) and D’s land (land category: referring to the document B) belonging to “agricultural and forest area” under the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”).

(see Evidence A 2). (b)

On October 16, 2018, the Defendant rendered a disposition of non-permission to file an application for building permit (hereinafter “instant non-permission disposition”) on the following grounds to the Plaintiff:

(See Evidence A) The contents of the relevant Acts and subordinate statutes are as follows: (a) Articles 56(1), 58(1)4 and (3) of the National Land Planning Act; (b) Articles 56(1) [Attachment Table 1-A-2] of the Enforcement Decree of the same Act; (c) Articles 56(1) [Attachment Table 1-A-1], 1-D-2] and 56(1) [Attachment Table 1-C] of the Enforcement Decree of the same Act; and (d) the surrounding land are the excellent farmland where agricultural infrastructure, such as arable area repair facilities, etc., is maintained, and there is a high need for conservation; and (c) collective assessment of eco-friendly diseases and diseases, such as soil pollution, are anticipated to be damaged to agricultural management and residential environment due to malodor, dust, insect, soil and water pollution due to construction of a stable; (d) Articles 1-D-1 and 56(1) of the Building Act are not damaged to surrounding natural landscape and aesthetic view; (e.

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