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(영문) 대전지방법원 2018.10.26 2017구합1843
건축허가신청불허가처분
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 June 26, 2017, the Plaintiff filed an application for a building permit with the Defendant to construct three livestock penss and 11 affiliated buildings (hereinafter “the instant livestock shed”) with the following area on the ground of C and three parcels of land and three and three parcels of land (hereinafter “the instant application site”):

(hereinafter referred to as the “instant application”). A.

The above application shall constitute excellent farmland with good agricultural infrastructure created by reclamation projects by inserting enormous budget. (Standards for Permission of Development Acts 1-D-1)

(b) Permission for development activities shall be in harmony with the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and the construction of a stable in an E-area designated as a wild protection zone shall not be in harmony with the surrounding areas, such as the possibility of damaging the ecosystem by accelerating water pollution;

(c) The discharge of livestock excreta in excess of the water quality standards under the Framework Act on Environmental Policy (BOD 8mg/L, total nitrogen 250 to 400mg/L, total nitrogen 100mg/L below), which are stipulated in the Act on the Management and Use of Livestock Excreta, is likely to cause environmental damage, such as EM, because it is discharged in excess of the water quality standards under the Framework Act on Environmental Policy (BOD 8mg/L, total nitrogen 1.0mg/L, total nitrogen 0.1m/L below).

(d) In the event that malodor is produced in a stable with a broad reclaimed land, there is no ground on which malodor can be prevented if malodor is emitted in the stable, and thus, it is likely that malodor is damaged to farmers during the agricultural work, and if the wind is considerably harmful to the sea, it will directly cause malodor to neighboring residents. The standards for permission for development acts (1-D-2) are applied.

E. In the event of the outbreak of a contagious animal disease, the disposal of livestock burial shall, in principle, bury the carcass at the place where the animal site or the other place where flooding is likely to occur. However, if the body is buried in wetlands where the sea is created by blocking the sea, and flood is likely to occur, environmental damage is likely to occur.

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