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(영문) 대전지방법원 2017.06.07 2016구합104622
건축신고 불허가처분취소
Text

1. The Defendant’s disposition of non-permission on July 5, 2016 against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On June 13, 2016, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) with the purport that ten Dong and plant-related facilities (a stable) with a size of 3,708.5 square meters in the building area (hereinafter “the instant application site”) on the part of the Dong and plant-related facilities of the size of 5,018 square meters and C 4,792.4 square meters (hereinafter “the instant application site”).

On July 5, 2016, the Defendant rendered non-permission for the instant application against the Plaintiff on the following grounds:

(hereinafter “instant disposition”). A.

The construction of the application site shall not be lower than the adjacent road surface pursuant to the provisions of Article 40 (1) and (2) of the Building Act, and necessary measures, such as filling-up of damp land and other similar things, such as ground improvement, shall be taken.

b. Also, neighboring areas, including the application site, need to improve the ground by filling up the entire surrounding areas into habitual flood areas and is anticipated to cause enormous environmental damage on farmland and inland waters due to flooding of a stable site due to the concentration of fluence d tidal bank, so it is difficult to accept the construction report due to the benefit of the public interest.

In accordance with Article 58 (Standards, etc. for Permission for Development Activities) and Article 56 (Standards for Permission for Development Activities) (4) of the Enforcement Decree of the National Land Planning and Utilization Act, the preservation is inevitable for the excellent farmland near the central part of the arable land rearrangement zone, and the surrounding areas including this building site is likely to cause environmental pollution and danger and injury to the area where flood occurs in a concentrated rain. [Grounds for recognition] There is no dispute, the entry of evidence Nos. 1, 2, and 4 (including branch numbers, if any; hereinafter the same shall apply) of the whole pleadings, and the purport of the disposition of this case as to the legitimacy of the disposition of this case as a whole, the plaintiff embling the application of this case at a height of 40 cm, and reinforced concrete at a height of 30 cm.

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