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(영문) 대전지방법원 2018.10.12 2018구합100112
건축허가신청불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 17, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she would construct an animal and plant-related facility (mix 20,176.3 square meters of a site area, 10,968 square meters of a building area (the same total floor area) 10,968 square meters (hereinafter “instant application site”) with the Defendant on the ground (hereinafter “instant application site”).

(hereinafter “instant application”). A.

The above applied area is larger than the standard for permission for development activities under the provisions of Article 56(1), Article 58(1)4, and Article 58(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and attached Table 1-A-1-2 of the Enforcement Decree of the same Act as the area where a project for improving agricultural production infrastructure is completed, such as arable land rearrangement, by putting enormous budget into a reclaimed project, is larger in the group of farmland and falls under excellent farmland which needs to be preserved for an agricultural management environment in the vicinity of farmland.

(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 environmental pollution, ecosystem destruction, and hazard caused by air pollution, water pollution, soil pollution, noise, vibration, dust dust, etc. in the relevant area and its surrounding area. However, the project district is a refluence of the maximum domestic size, and the area is adjacent to the flood month, which is the habitats of natural monuments and endangered species, and is adjacent to the flood damage, water pollution by livestock industry, excess of environmental standards, agricultural water standards, nonconformity with agricultural water standards, and the outflow of livestock excreta at the time of concentrating rain, it is neighboring to the area and its surrounding area due to environmental damage such as neighboring farmland, small-scale environmental impact assessment consultation, opinion on biodiversity management, biodiversity management, and pollution of water pollution.

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