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(영문) 대전지방법원 2019.07.11 2019구합100485
건축불허가처분취소
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 24, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities on the ground of the 33,907 square meters of land (hereinafter “instant application site”) (hereinafter “instant application”), including a stable with a size of 9,633.6 square meters of the building area, on the ground of the 33,907 square meters of land (hereinafter “instant application site”), and filed an application for permission to engage in development activities as a package processing.

B. After receiving two requests to supplement civil petition documents, the Defendant rejected the instant disposition on November 19, 2018 on the following grounds.

(hereinafter “instant disposition”). Grounds for non-permission disposition

A. Article 56(1) of the National Land Planning and Utilization Act and Article 56(1) of the Enforcement Decree of the same Act do not fall under the collective form of birds, trees, etc. under Article 56(1) of the same Act and attached Table 1-2, 1-(a)-1 of the Enforcement Decree of the same Act, but there is no need to preserve the farmland as it does not fall under good farmland. However, the applicant is a high-quality farmland that needs to be preserved for the environment of agricultural management, a large scale of farmland is large, and a large scale of farmland is likely to be continuously destroyed due to construction of a chain

Pursuant to attached Table 1-2, 1-D-2, and 2 of the Enforcement Decree of the National Land Planning and Utilization Act, in the event that livestock pens are collectively organized, damage is expected to be inflicted on the agricultural management and residential environment of nearby farmland, such as malodor, dust, soil and water pollution;

C. Where a stable is concentrated in the vicinity of the project site, it is likely that the leakage of excellent non-point pollution sources of non-point pollution sources into D via C would seriously cause environmental pollution, ecosystem destruction, etc.

In a group, there is a concern that the spread of a disease such as the outbreak of malicious contagious disease when a stable is newly constructed, the occurrence of environmental damage is caused by mass burial in farmland at the time of contagious disease or mass death, and when using a preventive disinfection system against contagious diseases, eco-friendly farmland is inappropriate and damage is likely to occur to eco-friendly agriculture managers.

. National land plan;

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