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(영문) 대전지방법원 2019.09.11 2018구합102750
건축허가신청불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On September 2017, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) with the purport that: (a) the Plaintiff would build the building area and 4 premises of a main building with a total floor area of 8,150.72 square meters on the ground of the instant application site; and (b) two animal and plant facilities related to the building attached thereto (hereinafter “the instant house”) on the land owned by the Defendant, Hongsung-gun, Hong-gun (hereinafter “instant application”).

B. On February 22, 2018, the Defendant rejected the instant application on the following grounds:

(hereinafter “instant disposition”). A.

As the above application falls under excellent farmland which needs to be preserved for an environment of agricultural management in its neighboring farmland, the grouping of farmland is larger than the total scale of the area completed by the reclamation project, such as arable land rearrangement project, which input a enormous budget, and thus is inappropriate under the provisions of Article 56(1), Article 58(1)4, and Article 58(3) of the National Land Planning and Utilization Act and Article 56(1) of the Enforcement Decree of the same Act, the standards for permission for development activities under attached Table 1-A-1 (1) of the National Land Planning and Utilization Act.

(b) The height, form and color of the building without damaging the natural scenery and fine view surrounding it should be in harmony with its neighboring buildings; however, this application does not conform to the provisions of subparagraph 1-D (1) of the Criteria for Permission of Development Activities as it does not conform thereto;

C. According to the criteria for permission for development activities, there is no risk of causing harm to environmental pollution due to air pollution, water pollution, soil pollution, pollution, vibration, vibration, dust dust, etc. in the relevant area and its surrounding area. However, the project district is a steel sleep with the maximum domestic size, adjacent to D, which is the habitats of natural monuments and endangered species, and when constructing livestock pens, malodor-emitting facilities are located adjacent to D, such as malodor damage, water pollution by livestock industry, water pollution, environmental standards excess, agricultural water standard excess, agricultural water standard failure, and outflow of livestock excreta, small-scale environmental impact assessment consultation opinion;

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