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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. On May 15, 2019, the Plaintiff filed an application with the Defendant for a construction permit with the content of newly constructing four animal and plant-related facilities ( stables and composts) of the building area of 740.70 square meters and the total floor area of 740.70 square meters on the ground of the B cemetery 3,000 square meters (hereinafter “instant land”) located within the development-restricted zone located within the Plaintiff’s ownership.
(hereinafter referred to as the “instant application”). According to the provisions of subparagraph 6 of Article 4 of the Ordinance on the Criteria for Permission of Acts in Development Restriction Zones in Silung City, livestock pens and breeding farms must be separated from apartment houses and schools, but they are located within 300 meters (excluding provisional division) from apartment houses (DL) located in neighboring C, and do not meet these provisions. In addition, the first general residential area is located within 250 meters from the place where the application for permission of acts is filed. Within 400 meters from the place where the same act is filed, apartment houses (E-1,017 households) are located, and it is difficult to ensure the healthy living environment of citizens by preventing disorderly expansion of the city which is the object of designation of development restriction zones and preserving the natural environment surrounding the city, and it is inevitable that the application for permission of acts was made only as farmland, and it is inevitable for the Defendant to dispose of wastewater in the surrounding area, citing the following reasons:
[The facts that there is no dispute over the basis for recognition, the entries in Gap evidence 1 to 4, and the purport of the whole pleadings.]
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion of this case should be revoked on the ground that the disposition of this case is unlawful for the following reasons.
(1) The place where a stable will be located after the instant land was partitioned.