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(영문) 수원지방법원 2019.04.30 2018구합66860
개발행위불허가처분취소
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. Under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff is the owner of Pyeongtaek-si B 3,081 square meters (hereinafter “instant land”), the specific use area of which is located in an agricultural and forest area. On June 5, 2017, the Plaintiff filed an application for a construction permit to build two animal and plant-related facilities (a stable, a site area of 3,081 square meters, a building area of 1,582.08 square meters, a total floor area of 1,582.0 square meters; hereinafter “instant livestock shed”).

(hereinafter referred to as “instant application”) b.

On January 17, 2018, the Defendant rendered a disposition of non-permission to file an application for the Plaintiff’s building permit (hereinafter “instant disposition”), and the reasons stated in the notice (Evidence A) are as follows.

Pursuant to Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act of 2017, the deliberation of the City Urban Planning Committee (Subdivision) on the 24th time in 2017 (hereinafter referred to as "sub-committee") shall not reflect in the project plan fundamental measures for reducing pollution caused by environmental pollution, such as air quality and soil contamination, in the surrounding area due to development activities (related to surrounding areas) under Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act, and attached Table 1-2 of the Enforcement Decree of the same Act (hereinafter referred to as "first cause") - Air pollution caused by dust and malodor discharged from the facilities related to animals and plants - Sewage treatment plan for the site of the project - Water pollution caused by excreta and livestock excreta, etc. - Where sewage pipelines flows into neighboring farmland as a result of the use of agricultural infrastructure located between national land and rural communities, and thus, if it flows into neighboring farmland, the examination of the relationship between the national land and neighboring land pollution and the surrounding areas (Article 586 of the Enforcement Decree.

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