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(영문) 전주지방법원 2020.02.12 2019구합948
건축허가거부처분취소
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 November 8, 2018, the Plaintiff filed an application with the Defendant for permission for development activities (hereinafter referred to as “instant site area”) in the following areas: (a) an area necessary to promote the agricultural and forest industry and preserve forests, such as an agricultural promotion area under the Farmland Act, or a preserved mountainous district under the Mountainous Districts Management Act, which does not belong to an urban area; (b) an area where a farmland creation project to promote agriculture in an agricultural promotion area under the Farmland Act, or an agricultural-based maintenance project is being implemented or is being implemented; (c) an area in which land used or is being used for agriculture is concentrated; and (d) an area falling under any of the areas in which farmland is used or is collectively used for agriculture and any other area prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs (see Article 28(2)1 of the Farmland Act); and (d) an area necessary to be used for agriculture purposes by grouping farmland on a scale prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs (hereinafter “the instant area”).

B. On March 4, 2019, the Defendant rendered a disposition rejecting the instant application for the following reasons against the Plaintiff.

(hereinafter “instant disposition”). A.

The provisions of Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act shall apply.

(b) According to the attached Table 1-2 (Standards for Permission for Development Acts) of the Enforcement Decree of the National Land Planning Act, any environmental pollution damage caused by air pollution, water pollution, soil pollution, pollution, noise, vibration, dust dust, etc. may occur in the relevant area and its surrounding area

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