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(영문) 창원지방법원 2015.12.01 2015구합20419
건축허가처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. L was established and operated respectively by establishing and operating Ma and N, and O, fish breeding facilities (hereinafter collectively referred to as “existing livestock sheds”), but part of the aforementioned M and N were designated as the riparian zone of the Southern River pursuant to the Act on Water Management and Resident Support in the Nakdong River Basin. The implementation of the Nakdong River Environment Maintenance Project (hereinafter “instant project”) by the Nakdong River Basin Environment Agency (hereinafter “instant project”) was conducted on February 20, 2013, the sales contract was concluded between the Republic of Korea and the Republic of Korea regarding the said M and N land, but the said O land was excluded from purchase.

The filing date of the instant application has a good natural environment surrounded by mountain and arable land, which is likely to damage surrounding scenery and natural environment due to pollutants generated from the building and facilities at the time of construction of a stable, and construction of a stable near the existing stable in the vicinity of the stable is inappropriate or not consistent with the purpose of the project. As such, it is believed that the construction of a building is inappropriate to construct a road, water supply, or sewerage, and environmental pollution is likely to occur due to farmland, polluted malodor, water pollution, etc. located below the lower part of the river where livestock wastewater flows into a village at the time of discharge of livestock wastewater at the location of the old hill area, and it is also inconsistent with the standards that make it collective and harmonize with the surrounding area to the maximum extent possible at the time of construction of a stable in the farmland station where there is a residential infringement by neighboring residents.

B. Accordingly, L, on June 13, 2013, applies for permission to engage in development activities as to the instant application to the Defendant on June 13, 2013, in order to newly build Dong and plant-related facilities [the livestock shed] 2,216.23 square meters in total floor area on the instant application site (hereinafter “instant application site”) and one Dong and plant-related facilities [the livestock shed].”

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