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(영문) 대전지방법원 2021.01.13 2019구합105756
건축신고불수리처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 8, 2019, the Plaintiff filed a construction report (hereinafter “instant report”) with the Defendant on the construction of a 4 Dong and water-related facility with a total building area of 979.2 square meters in the budget-gun B, C,064.9 square meters (hereinafter “the instant application site”).

(a) Pursuant to Article 56(1) of the National Land Planning and Utilization Act and Article 56(1)-2 of the Enforcement Decree of the same Act and attached Table 1-A-1(1) of the Criteria for Permission for Development Activities, it is not a group of birds and trees, etc., but a group of high-quality farmland, etc., the preservation of which is not necessary because it does not fall under good farmland, etc., but does not fall under good agricultural environment. However, it is the high-quality farmland requiring the preservation of which is high-level, the group of farmland is large, and the farmland grouped due to construction of animal and plant-related facilities (a mushroom growing company) is likely to be continuously planted;

B. Pursuant to Article 58 subparag. 4 of the National Land Planning and Utilization Act and Article 56 subparag. 1-2 and subparag. 1-D-1 of the Enforcement Decree of the same Act, the current status of land use in neighboring areas or the land use plan, etc. should not be harmed by in harmony with the surrounding environment and scenery. However, animal and plant-related facilities (five growing company) do not achieve harmony with the surrounding rural wind. B. On May 22, 2019, the Defendant issued a disposition not to accept the instant report on the following grounds (hereinafter “instant disposition”).

[Grounds for recognition] Evidence Nos. 1, 2, Eul No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 32(1) of the Plaintiff’s alleged farmland Act and Article 29(1)3 of the Enforcement Decree of the Farmland Act, a facility that can be newly built in an agricultural promotion area for mushroom growing plants. Since a growing shed similar to a mushroom growing shed to be newly built by the Plaintiff in the vicinity of the instant application site is newly built and operated, the construction of a mushroom growing shed that the Plaintiff intends to build in the vicinity of the instant application area is in the surrounding area.

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