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(영문) 창원지방법원 2021.02.04 2020구합50711
건축허가신청반려처분취소
Text

Plaintiff

The claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is operating a stable (a building area and a total floor area of 1,625 square meters) on the ground of 3,690 square meters on the 3,690 square meters of land among the B in

B. On May 1, 2019, the Plaintiff filed an application for a building permit [including permission for development activities (such as changing the form and quality of land, farmland conversion), and permission for the installation of excreta discharging facilities deemed a building permit] with a view to newly constructing a stable (3,731 square meters, which is a plant-related facility, on a 3,731 square meters, among the 4,267 square meters of CY 4,000 square meters, with the Defendant on May 1, 2019 (hereinafter “each of the instant applications”, “the instant stable”, “the instant application”, and “the instant application”).

On July 11, 2019, the Defendant rendered a non-permission disposition to the Plaintiff on the following grounds (hereinafter “instant disposition”).

A. Criteria for permission for development activities under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that “The land utilization status or land use plan of neighboring areas shall be in harmony with the surrounding environment or scenery, including the height of buildings, gradient of land, status of trees, water drainage, water flow, drainage of river, lake and marsh, wetlands, etc.” The criteria for permission for development activities under attached Table 1-2 of Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act;

1. Matters to be examined by field;

A. In common fields (1) it provides that “the conservation is not necessary because it does not correspond to good farmland, etc.” but is not a group of plants, such as “fish and trees.” B. A person subject to a building permit is an agricultural promotion zone, and an agricultural promotion zone is established to promote the productivity of agriculture by efficiently using and preserving farmland. The purpose is to concentrate and collectively invest in the production-based investment in order to cultivate cultivated plants and protect them from environmental pollution. In addition, if a stable is allowed in the vicinity of the application site, it is anticipated that a fluent farmland erosion will be chaind by a disorderly stable.

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